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IN New Jersey a public bid for construction required and original and two copies of the bid documents to be submitted with the bid. If the low bidder only submitted the Original but all other mandatory documentation was submitted, can the bid be rejected and what case law is available to back this up?
Optional Information: Country relating to Question: United States State (if USA): New Jersey Already Tried: reading state public bidding law
Did the agency accept the bid even though all copies were not submitted?
Yes and the bids were read aloud
The failure to include copies of an original document would be considered a non material defect that the agency could waive. Here is a link to a NJ Supreme Court case that discusses this issue. Your defect would be considered non material and waiverable by the agency and not a basis for invalidating the bid. Meadowbrook Carpeting v. Island Heights, 138 N.J. 307
http://www.romingerlegal.com/new_jersey/supreme/a-24-94.opn.html
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Experience: 30 years of corporate, litigation and international law
Thank you for the information
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I accept thanks again
Dave Fisher
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