N.J. Admin. Code § 5:34-10.10

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

Section 5:34-10.10 - Rejection of statements of proposal; cancellation of contract award

(a) Proposals received after the submission date and time prescribed in the advertisement and RFP shall be rejected.

(b) The contracting unit shall have the right to reject any and all proposals, except for purposes of evading P.L. 2021, c. 71, when it is otherwise deemed to be in the interest of the contracting unit or the public to do so. A governing body may not award a design-build contract unless the technical review committee evaluated at least two complete and responsive proposals from design-builders.

(c) A governing body that rejects all proposals may solicit new proposals using the same qualifications, evaluation factors, and budget constraints, unless there has been a material change in circumstances affecting the needs of the contracting unit, including, but not limited to, environmental issues, natural disaster, statement of emergency, or unseen fiscal constraint. When soliciting new proposals, the contracting unit shall start the process by soliciting new statements of qualifications.

(d) Upon award of the design-build contract, the contracting unit shall, within five days, notify all unsuccessful bidders, in writing, that the contracting unit awarded the design-build contract to another design-builder. Within 30 days after receiving the written notice, an unsuccessful bidder may request, in writing, to review the proposals submitted, the technical review committee evaluation scores from the selection process, and the final recommendation of award document. Technical proposals shall be redacted to the extent necessary to prevent revealing the trade secrets and proprietary commercial or financial information incorporated into another bidder's technical proposal.

(e) The governing body may cancel a notice of final award at any time before the execution of the design-build contract by the contracting unit if the contracting unit deems it advisable to do so in the interest of the contracting unit or the public.

N.J. Admin. Code § 5:34-10.10

Adopted by 54 N.J.R. 1307(a), effective 5/27/2022

Adopted by 54 N.J.R. 2374(a), effective 12/19/2022