N.J. Admin. Code § 17:12-3.1

Current through Register Vol. 56, No. 21, November 4, 2024

Section 17:12-3.1 - Protests

(a) The purpose of this subchapter is to provide the procedures that govern written challenges to an action of the Director related to advertised procurements. A protest is defined as follows:

1. A timely filed written challenge to a term, condition, or requirement of a specification contained within an advertised RFP;

2. A timely filed written challenge related to the rejection of a proposal for failure to comply with any of the prerequisites set forth in NJ.A.C. 17:12-2.2;

3. A timely filed written challenge to a notice of intent to award issued by the Director; or

4. A timely filed written challenge to the Director's cancellation of an RFP after the opening of proposals.

(b) Protests of the type described in this subchapter, for the purpose of this chapter, are not contested cases subject to the requirements of the Administrative Procedure Act, 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1. Final agency determinations by the Director on matters of protest are appealable to the Appellate Division of the Superior Court of New Jersey.

N.J. Admin. Code § 17:12-3.1

Amended by 51 N.J.R. 141(a), effective 1/22/2019