N.J. Admin. Code § 19:38-4.3

Current through Register Vol. 56, No. 21, November 4, 2024

Section 19:38-4.3 - Hearing procedures

(a) Hearing procedures shall be as follows:

1. The Authority, in its sole discretion, shall determine whether to grant the opportunity for an informal hearing regarding a bid protest. Informal hearings are for fact-finding purposes for the benefit of the Authority and the Authority shall have the sole discretion as to requesting or requiring a hearing. Alternatively, the Authority may determine that sufficient information already exists in the record so that a decision may be made without a hearing and the Authority may waive the hearing and issue a final agency decision accordingly. In the event that the Authority determines that a hearing is not necessary, a written decision will be issued by the Authority within 48 hours of receipt of all documents related to said protest.

2. Informal hearings will be held, where feasible, within five calendar days of the receipt of the request. Hearings will be heard, where practicable, by an impartial hearing officer designated by the Managing Director of Procurement. The hearing officer shall issue a final written decision within 10 calendar days of the conclusion of the hearing unless, due to the circumstances of the hearing, a greater time is required. For all protests of a Project Rating, the written decision will issue prior to the opening of Price Proposals for the school facilities package, which is the subject of the protest. If the decision, which is based upon a protest of the bid and contract documents, results in a modification of the bid and contract documents, such decision shall be conveyed to all potential firms by addendum.

3. In an informal hearing, the Managing Director of Procurement may, in instances where public exigency exists or where there is potential for substantial savings to the State, modify or amend the time frames or any other requirements provided in this section. In these instances, the Managing Director of Procurement shall document, for the record, the rationale for such amendment and give adequate notice to the parties involved.

N.J. Admin. Code § 19:38-4.3

Amended by R.2014 d.001, effective 1/6/2014.
See: 45 N.J.R. 1592(a), 46 N.J.R. 131(a).
In (a)1, substituted "Authority" for "Corporation" throughout.