Blog Post
By Ian A. McLin

In a recent decision, the appellate division of the New Jersey Superior Court rejected a competing bidder’s challenge that the winning bid was deficient, finding that the bid’s deficiencies were immaterial and therefore waivable.  H&S Constr. and Mech., Inc. v. Westfield Pub. Sch., No. A-3696-17T4, 2018 WL 3282287, at *1 (N.J. Super. Ct. App. Div. July 5, 2018).

Blog Post
By Gregory M. Boucher

Bid decisions by the Massachusetts Attorney General’s Office (“AGO”) are not binding and government agencies are not required to follow them. As a result, contractors face a dilemma when protesting a bid award challenge: file a bid protest with the AGO, or go directly to court and seek an injunction. An AGO challenge is more cost effective, however, it does not provide any finality.

Blog Post
By George E. Rahn, Jr.

The New Jersey Supreme Court has affirmed a state agency’s decision to award a contract to the lowest bidder even though the bid did not comply with the scope-of-work requirements of a request for proposal.  Matthew J. Barrick, Jr. v. State of New Jersey, et al., (A-8/9-13) (072795) (N.J. Supreme Court July 23, 2014).

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