N.J. Admin. Code § 17:11-8.2

Current through Register Vol. 56, No. 24, December 18, 2024

Section 17:11-8.2 - Protest procedures; rejection of a leased space proposal

(a) A potential lessor, after submitting a Leased Space Proposal in response to an advertised RFP pursuant to N.J.S.A. 52:18A-191.1 et seq., may submit a written protest to the Director if the leased space proposal is rejected for being non-responsive or untimely submitted.

(b) A potential lessor, after submitting a proposal in response to an advertised RFP and finding cause to protest the rejection of the proposal pursuant to (a) above, shall make written request to the Director, setting forth, in detail, the specific grounds for protesting the rejection. The protest shall be filed within 10 working days following the potential lessor's receipt of written notification that its proposal has been rejected for being non-responsive or untimely.

1. A protest regarding the Director's decision to reject a leased space proposal shall contain the following items:

i. Identification of the SPR number;

ii. All arguments, materials and/or other documentation that may support the protester's position that the leased space proposal should not have been rejected; and

iii. A statement as to whether the protester requests an opportunity for oral presentation and the reason(s) for the request.

2. The Director may disregard a protest not containing all of the items set forth in (b)1 above.

3. The Director may disregard any protest filed after the 10-day protest period.

(c) The Director shall, upon receipt of a timely protest to the rejection of a proposed lease agreement, issue a final written decision on the protest prior to making a determination of the most cost effective site.

1. The Director has sole discretion to determine if an oral presentation by the protester is necessary to reach an informed decision on the matter(s) of the protest. Oral presentations are fact-finding for the benefit of the Director. The Director has the discretion to establish the scope and format of such presentations and to limit attendance at an oral presentation to those parties likely to be affected by the outcome of the protest.

2. The Director shall either perform a review of the written record or conduct an oral presentation directly, and thereafter shall make a final written decision on the matter.

N.J. Admin. Code § 17:11-8.2

Amended by 48 N.J.R. 1466(a), effective 7/18/2016