New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38D - PROCUREMENT OF GOODS AND SERVICES › Subchapter 7 - PROTESTS AND HEARING PROCEDURES › Section 19:38D-7.2 - Subject matter, hearing procedures, time limitations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A protest
				  shall be made as follows:
1. RFQ process or
				  documents. A vendor 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 vendor that
				  has submitted or intends to submit proposals 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 vendor protesting its failure to be included in a short list, or
				  protesting the inclusion of another vendor 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. Award of contract. A
				  vendor 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 vendor, 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;
5. Unadvertised contracts.
				  A vendor may request an informal hearing before the Authority to protest the
				  award of an unadvertised contract to another vendor, 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; or
6. Task order assignment. A vendor 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 vendor, 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.