New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38B - PROCEDURES FOR PRICE AND OTHER FACTORS PROCUREMENT OF CONSTRUCTION CONTRACTS FOR NEW SCHOOL FACILITIES PROJECTS › Subchapter 9 - PROTESTS › Section 19:38B-9.2 - Protests, hearing procedures, and time limitations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A challenge
				  to the following actions of the Authority shall be made as follows:
1. Project Rating limit: A bidder that has
				  submitted or that intends to submit a Project Rating Proposal, and that objects
				  to the Project Rating process or documents, must submit a written protest to
				  the Authority, setting forth in detail the grounds for such protest, within
				  five business days of receipt of notification of the Authority's assignment of
				  a Project Rating or notification of rejection of the bidder's Project Rating
				  Proposal. The protest must contain all factual and legal arguments, materials
				  or other documents that support the protestor's position, and must indicate
				  whether the protester requests an informal hearing. The Authority may deny any
				  protest that is filed more than five business days after notification of
				  assignment of the Project Rating or notification of rejection of the Project
				  Rating Proposal, or that fails to provide the specific reasons for and
				  arguments supporting the protest.
2. RFP process or documents: A bidder that
				  has submitted or that intends to submit proposals in response to the RFP, and
				  that objects to the RFP process or documents, must submit a written protest to
				  the Authority at least three business days prior to the opening of the
				  technical proposals, setting forth in detail the grounds for such protest. The
				  protest must contain all factual and legal arguments, materials or other
				  documents that support the protestor's position, and must indicate whether the
				  protester requests an informal hearing. The Authority may deny any protest that
				  is filed less than three business days prior to the scheduled opening of
				  technical proposals, or that fails to provide the specific reasons for and
				  arguments supporting the protest.
3. Technical and price proposal scoring: A
				  bidder protesting the scoring of its technical and/or price proposals, or those
				  of another bidder, must submit a written protest to the Authority 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 must indicate whether the protestor requests an
				  informal hearing. The protest must be submitted in writing, within five
				  business days of the public advertisement of the bidders' scores. The Authority
				  may deny any such protest that is filed more than five business days after the
				  public advertisement of the bidder's scores, or that fails to provide the
				  specific reasons for and arguments supporting the protest.
4. Performance evaluation: A contractor that
				  is dissatisfied with its performance evaluation on an Authority project may
				  request an informal hearing before the Authority by submitting to the Authority
				  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
				  Authority may deny any protest that is filed more than 15 calendar days after
				  the contractor'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.