Terrasan Environmental Solutions v. County of Bergen, et al.

Defendant's Brief in Opposition to Orders to Show Cause with Temporary Restraints


Bid protest actions brought on by orders to show cause by the first and second low bidders on a public construction project against the public letting entity and the third low bidder that was awarded the contract. The public entity rejected the bids of the first two low bidders for their failure to identify a licensed plumber or plumbing subcontractor in its bid form, as required by the New Jersey Local Public Contracts Law, NJSA 40A:11-16 and 40A:11-23.2. Regardless of any explanation or unexpressed intent by the first and second low bidders in leaving this part of the bid blank, this resulted in a material, uncurable and unwaivable defect that was "fatal" to their bids, and required the public entity to reject their bids. It further makes no difference whether a licensed plumber was even required to perform any of the work; this section of the form could not be left blank as a matter of law.

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Reference Info:Legal Memoranda: Motion Addressed to Pleadings | State, 3rd Circuit, New Jersey | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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