New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38C - PROCUREMENT OF ARCHITECTS, ENGINEERS, LAND SURVEYORS, AND OTHER PROFESSIONAL SERVICES CONSULTANTS › Subchapter 11 - PROTESTS AND HEARING PROCEDURES › Section 19:38C-11.2 - 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 consultant
				  that has submitted or intends to submit a proposal in response to an RFQ, 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 receipt of 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 date and time scheduled for receipt of
				  proposals, or that fails to provide the specific reasons for, and arguments
				  supporting, the protest;
2. RFP
				  process or documents. A consultant that has submitted or intends to submit a
				  proposal in response to an RFP, may request an informal hearing before the
				  Authority to protest the RFP process or documents, by submitting a written
				  protest to the Authority setting forth in detail the grounds for such protest,
				  at least five business days prior to the date and time scheduled for receipt of
				  the proposals. 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 less than five business days prior to the date
				  and time scheduled for receipt of proposals, or that fails to provide the
				  specific reasons for and arguments supporting the protest;
3. Short list. A consultant protesting its
				  failure to be included in a short list, or protesting the inclusion of another
				  consultant on a short list, may request an informal hearing before the
				  Authority to protest the selection of the short list, by submitting to the
				  Authority a written protest setting forth the specific grounds for challenging
				  the short list, within five business days of the public announcement of the
				  short list. 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 short list, or any protest that fails to provide
				  the specific reasons for and arguments supporting the protest;
4. Master list. An appraiser or title
				  insurance firm protesting its failure to be included in a master list may
				  request an informal hearing before the Authority to protest the composition of
				  the master list by submitting to the Authority a written protest setting forth
				  the specific grounds for challenging the composition of the master list, within
				  five business days of notification of the firm's failure to be included on the
				  master list. 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
				  notification of the firm's failure to be included on the master list, or any
				  protest that fails to provide the specific reasons for and arguments supporting
				  the protest;
5. Award of contract.
				  A consultant 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 professional services consultant 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. Unadvertised contracts. A professional
				  services consultant may request an informal hearing before the Authority to
				  protest the award of a contract to another professional services consultant by
				  submitting to the Authority a written protest setting forth the specific
				  grounds for such protest, within five business days of the public announcement
				  of the award of the contract. 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;
7. Task order assignment. A professional
				  services consultant that has received an award under a term agreement
				  procurement may request an informal hearing before the Authority to protest the
				  award or assignment of a task order to another professional services
				  consultant, by submitting to the Authority a written protest setting forth the
				  specific grounds for such protest, within five business days of the public
				  announcement of the award or assignment of the task order. 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
				  assignment of the task order, or any protest that fails to provide the specific
				  reasons for and arguments supporting the protest; or
8. Performance evaluation. A professional
				  services consultant 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 a statement as to whether the protestor requests an
				  informal hearing. The Authority may deny any protest that is filed more than 15
				  calendar days after the consultant'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.