New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 10 - DESIGN-BUILD CONTRACTS › Section 5:34-10.19 - Protests and administrative hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A
				bidder that intends to submit or has submitted a statement of qualifications for the
				first phase of the design-build procurement may request an informal hearing before
				the contracting unit to protest the RFQ process or documents by submitting a written
				protest to the contracting unit at least five business days prior to the date and
				time scheduled for opening of the statements of qualifications, setting forth in
				detail the grounds for such protest. The protest must contain all legal and factual
				arguments, materials, or other documents that support the protestor's position, and
				must indicate whether the protestor requests an informal hearing. The contracting
				unit may deny any protest that is filed less than five business days prior to the
				scheduled opening of statements of qualifications, or that fails to provide the
				specific reasons for and arguments supporting the protest.
(b) A bidder that intends to submit or has
				submitted a statement of proposal for the second phase of the design-build
				procurement may request an informal hearing before the contracting unit to protest
				the RFP process or documents by submitting a written protest to the contracting unit
				at least five business days prior to the date and time scheduled for opening of the
				technical proposals, setting forth in detail the grounds for such protest. The
				protest must contain all legal and factual arguments, materials, or other documents
				that support the protestor's position, and must indicate whether the protestor
				requests an informal hearing. The contracting unit may deny any protest that is
				filed less than five business days prior to the scheduled opening of technical
				proposals, or that fails to provide the specific reasons for and arguments
				supporting the protest.
(c) A bidder
				protesting its failure to be prequalified, or the prequalification of another bidder
				may request an informal hearing before the contracting unit to protest the
				prequalification by submitting a written protest to the contracting unit setting
				forth the specific grounds for challenging the prequalification. The protest must
				contain all factual and legal arguments, materials, or other documents that support
				the protestor's position, and must indicate whether the protestor requests an
				informal hearing. The protesting bidder must submit a written protest within five
				business days of receiving written notification of their prequalification or failure
				to be prequalified. The contracting unit may deny any protest that is filed more
				than five business days after the bidder's receipt of written notification, or any
				protest that fails to provide the specific reasons for and arguments supporting the
				protest.
(d) A bidder protesting the
				scoring of its technical and/or price proposals, or those of another bidder, may
				request an informal hearing before the contracting unit to protest the scoring of
				technical and/or price proposals, by submitting a written protest to the contracting
				unit setting forth the specific grounds for challenging such scorings. The protest
				must contain all factual and legal arguments, materials, or other documents that
				support the protestor's position and a statement as to whether the protestor
				requests the opportunity for an informal hearing. The protestor must submit a
				written protest within five business days of the public announcement of the bidders'
				scores. The contracting unit may deny any such protest that is filed more than five
				business days after the public announcement of the bidder's scores, or any protest
				that fails to provide the specific reasons for and arguments supporting the
				protest.
(e) A bidder that has submitted
				a proposal may request an informal hearing before the contract to protest the award
				of a contract to another bidder by submitting to the contracting unit a written
				protest, setting forth the specific grounds for challenging such award, within five
				business days of the public announcement of the award. The protest must contain all
				factual and legal arguments, materials, or other documents that support the
				protestor's position and a statement as to whether the protestor requests an
				informal hearing. The contracting unit may deny any protest that is filed more than
				five business days after the public announcement of the award, or any protest that
				fails to provide the specific reasons for and arguments supporting the
				protest.
(f) Challenges by a
				design-builder of a design-build performance evaluation by a contracting unit
				subject to the Public School Contracts Law may request an informal hearing before
				the contracting unit by submitting to the contracting unit a written protest setting
				forth the specific grounds for such protest, within 15 calendar days after the date
				of receipt of written notification of the performance evaluation. The protest must
				contain all factual and legal arguments, materials, or other documents that support
				the protestor's position and must indicate whether the protestor requests an
				informal hearing. The contracting unit may deny any protest that is filed more than
				15 calendar days after the design-builder's receipt of written notification of the
				performance evaluation, or any protest that fails to provide the specific reasons
				for and arguments supporting the protest.
(g) Hearing procedures shall be, as follows:
1. The contracting unit, in its sole discretion,
				shall determine whether to grant an informal hearing regarding any protest. Informal
				hearings are for fact-finding purposes for the benefit of the contracting unit and
				the contracting unit shall have the sole discretion as to whether to hold an
				informal hearing. Alternatively, the contracting unit may determine that sufficient
				information already exists in the record so that a decision may be made without a
				hearing, and the contracting unit may waive the hearing and issue a final
				determination, accordingly. In the event that the contracting unit determines that a
				hearing is not necessary, a written decision will be issued by the contracting unit
				within five business days of receipt of all documents related to the
				protest;
2. Informal hearings will be
				held, where feasible, within 14 business days of the receipt of the request.
				Hearings will be heard, where practicable, by either the governing body or a hearing
				officer designated by the governing body. The governing body or the hearing officer
				shall issue a final written decision within 30 calendar days of the conclusion of
				the hearing unless, due to the circumstances of the hearing, a greater timeframe is
				required. For all protests of the RFQ or RFP processes and documents, the written
				decision will issue prior to the opening of statements of qualification or
				proposals, respectively. If a decision based upon a protest results in a
				modification of the aforesaid process or documents, such decision shall be conveyed
				to all potential bidders by addendum; and
3. In an informal hearing, the contracting unit
				may, in instances where public exigency exists or where there is potential for
				substantial savings to the contracting unit, modify, or amend the time frames or any
				other requirements provided in this subchapter. In these instances, the contracting
				unit shall document, for the record, the rationale for such amendment and give
				adequate notice to the parties.