New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 6 - USE OF DESIGN-BUILD PROJECT DELIVERY FOR CONSTRUCTION PROJECTS › Subchapter 1 - USE OF DESIGN-BUILD PROJECT DELIVERY FOR CONSTRUCTION PROJECTS › Section 9A:6-1.19 - 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 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 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
				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 specific reasons for and arguments
				supporting the protest.
(f)
				Challenges by a design-builder of a design-build performance evaluation by a
				contracting unit 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 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 time
				is required. For all protests of the RFQ or RFP processes and documents, the
				written decision will be issued 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.
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 chapter. In these instances,
				the contracting unit shall document, for the record, the rationale for such
				amendment and give adequate notice to the parties.