N.J. Admin. Code § 19:65-11.1

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

Section 19:65-11.1 - Protested solicitations and awards

(a) Any actual or prospective bidder, offeror, proposer or contractor who is aggrieved in connection with the solicitation or award of a contract must protest to the Authority. The protest shall be submitted in writing to the attention of the Executive Director. A protest objecting to a requirement of a quote solicitation on the Authority's website, a bid document or a request for proposal (RFP) document must be received by the Authority at least three business days prior to either: the scheduled review of quotes, the opening of bids or the last day of receipt of responses to the RFP. A protest of the rejection of a quote or bid, or the award a contract as the result of a quote, bid or RFP process must be received within five business days of the award of the contract. Failure to file a timely protest shall bar any further action. The written protest shall identify the specific solicitation or award to which it is addressed, shall set forth in detail the facts and arguments upon which the protesting party bases its protest and shall present any documents which the protesting party deems relevant to the issue(s) presented in the protest.

(b) Upon receipt of a timely filed protest, the Executive Director or his or her designee shall review the protest and any documents filed in support of the protest. The Authority shall advise the protesting party and any other affected party, in a writing which shall be mailed or furnished promptly, of the procedures which will be utilized to review and adjudicate the protest. Where the Authority concludes that additional facts are needed to render a determination, such information may be requested in writing or the Authority may conduct a hearing.

(c) If the protest is not resolved by mutual agreement, the Executive Director shall promptly issue a decision in writing. The decision shall state the determination made and reasons for the action taken. The decision shall be mailed or furnished promptly to the protesting party and any other interested party. Unless any person adversely affected by the decision commences an action in court, the Executive Director's decision shall be final and conclusive. Notwithstanding the above, the Members of the Board of the Authority shall have ultimate authority to approve all contract awards, except where such authority has been delegated to the Executive Director.

(d) If a timely protest is filed, the Authority shall not proceed further with the solicitation or award of the contract until the Executive Director has rendered a decision on the protest, except where the Executive Director makes a written determination that the continued solicitation or award of the contract without delay is necessary to protect the interest of the Authority or the public.

N.J. Admin. Code § 19:65-11.1