N.J. Admin. Code § 17:19-5.1

Current through Register Vol. 56, No. 23, December 2, 2024

Section 17:19-5.1 - Hearings; subject matter; firms or individuals who may request hearings

(a) Administrative hearings before the DPMC may include the following subject matter:

1. Bid protest: A firm which has submitted a bid may request a hearing to protest DPMC's award or rejection of a bid.

2. Selection protest: A firm which has submitted a proposal for award of a professional service contract, advertised by DPMC, may request a hearing to challenge the DPMC's decision to reject that firm's proposal and/or to award the contract to another firm.

3. Evaluation or re-evaluation of classification: A firm dissatisfied with its classification, or the classification of another firm, may request a hearing to protest that classification.

4. Prequalification: A firm dissatisfied with its prequalification may request a hearing to protest that prequalification decision.

5. Performance evaluation: A firm dissatisfied with its performance evaluation on a public works project undertaken by the DPMC may request a hearing for the purpose of presenting evidence to dispute that evaluation.

6. Suspension, disqualification, or debarment: Except in the case of a suspension, a disqualification, or a debarment by another agency of government, a firm or an individual may request, and shall be entitled to, a hearing to challenge the DPMC's proposed suspension, disqualification, or debarment of the firm or individual.

7. Certain other matters of dispute that may occur relative to the activities of the DPMC: The Director, within the Director's sound discretion, may require that a firm or an individual participate in an informal hearing or a formal hearing.

8. The provisions of this section do not apply to "claims conferences" that are provided for in the DPMC's consultant and construction contracts. Such "claims conferences" are contractual in nature and are intended solely to provide a non-binding forum for the presentation and resolution of disputed contract claims.

N.J. Admin. Code § 17:19-5.1

Amended by 48 N.J.R. 2830(a), effective 12/19/2016