New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 36 - PROCUREMENT OF DESIGN BUILD CONTRACTS › Subchapter 7 - PROTESTS › Section 19:36-7.2 - Subject matter, time limitations, and who may request hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				  Administrative hearings before the Authority may include the following subject
				  matter and may be requested by the following entities:
1. RFQ process or documents: 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 Authority to protest the RFQ process or documents by submitting a written
				  protest to the Authority 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 Authority 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.
2. RFP process or
				  documents: A bidder that intends to submit or has submitted proposals for the
				  second phase of the design-build procurement, may request an informal hearing
				  before the Authority to protest the RFP process or documents by submitting a
				  written protest to the Authority 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 Authority 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.
3. Short listing: A bidder protesting its
				  failure to be short listed, or the short listing of another bidder may request
				  an informal hearing before the Authority to protest the selection of the short
				  list by submitting a written protest to the Authority setting forth the
				  specific grounds for challenging the short listing. 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. A bidder protesting the short list must submit a written
				  protest within five business days of the public announcement of the short list
				  on the Authority's website,
www.njsda.gov
. The Authority may deny any
				  protest that is filed more than five business days after the public
				  announcement of the short list, or any protest that fails to provide the
				  specific reasons for and arguments supporting the protest.
4. Technical and price proposal scoring: A
				  bidder protesting the scoring of its technical and/or price proposals, or those
				  of another bidder, may request an informal hearing before the Authority to
				  protest the scoring of technical and/or price proposals, by submitting 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 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 Authority
				  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.
5. Award of contract: A
				  bidder that has submitted a proposal in response to an RFQ or RFP may request
				  an informal hearing before the Authority to protest the award of a contract to
				  another bidder by submitting to the Authority 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 Authority 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.
6. Performance evaluation:
				  A firm 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 firm'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.