Public Bidding

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Compliance with Specifications
While finding that a bidder has submitted proper samples in compliance with the Division of Purchase and Property's Request and thus had its bid improperly by-passed, the administrative law judge concluded the bidder lacked standing to challenge the Division's methods for evaluating bids. Decision: 1 N.J.A.R. 099
Conflict of Interest
While the method used by a vendor in dealing with public officials may aid in arriving at the suitability of that vendor for the award of a contract, it cannot by itself bc dispositivc of the contract's validity. Decision: 5 N.J.A.R. 029
Improper Communication
A finding that both competitive bidders had communicated with employees of the Division of Purchase and Property prior to the opening of Bids in an attempt to tilt the bidding system to their advantage, supports a conclusion that all bids should be rejected and the bidding process start anew. Decision: 1 N.J.A.R. 099
Standard of Competition
Where the practical effect of detailed bid specifications results in a failure to set up a commonly attainable standard of competition, the award of an accepted bid should be vacated and the bid specifications redrawn to provide for a commonly attainable standard of competition. Decision: 3 N.J.A.R. 066
Standing to Challenge Contract Award
An unsuccessful bidder lacks standing to challenge the methods used by the Division of Purchase and Property for the evaluation of bids since no objection had been raised by the bidder before the bids were opened. Decision: 1 N.J.A.R. 099
Waivable Defect
Bidder's failure to submit Notice of Classification was a defect that should have been waived because the defect was cured, it was not the fault of the bidder and the notice was retroactive to a time before the bid was due. Decision: 13 N.J.A.R. 581