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3 N.J.A.R. 66

Pascack Valley Regional High School, Board of Education of, Bergen County, Greensteel, Inc., & Farley Associates; Longo Associates, Inc. v
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Citation: 3 N.J.A.R. 66
Decision Date: 1981
Agency: DEPARTMENT OF EDUCATION
Synopsis: Longo Associates, an unsuccessful bidder on a classroom renovation project, alleged that the Board of Education had improperly awarded a contract in violation of N.J.S.A. 18A: 18A- 1 et seq. which requires bids to be awarded to the lowest bidder. Longo alleged that there was no common standard of competition in that the bids of its competitors were not responsive to the bid specifications because they proposed to furnish items of lesser quality and cost than those required by the specifications. The administrative law judge determined that the bid specifications described one brand of equipment with great specificity and that that brand contained features of style, construction and materials unavailable in other brands. Although the specifications permitted an equivalent type of equipment, the judge determined that the practical effect of the detailed specifications failed to set up a commonly attainable standard of competition. Due to a lack of sufficient evidence upon which to base any realignment between competing bids, the administrative law judge ordered that the accepted bid be vacated and that the bid specifications be redrawn to provide for a commonly attainable standard of competition. Bruce D. Meller, Esq., for Petitioner (Peckar & Abramson, Attorneys) Peter W. Till, Esq., for Respondent, Board of Education of Pascack Valley Regional High School (Aron, Till & Salsberg, Attorneys) James J. Ross, Jr., Esq., for Respondent, Greensteel, Inc. (Tunstead & Donohue, Attorneys) State of New Jersey 67