New Jersey local and state entities draft bid specifications that prospective bidders must comply with. The problem, however, is that they sometimes place onerous qualification requirements on bidders, which significantly narrows the pool of eligible bidders and undercuts the fundamental-fairness policy inherent in the law. To protect prospective bidders, recourse is available to challenge these restrictive qualification requirements, provided that certain deadlines and procedures are followed.

Overly Restrictive Specifications Pursuant to the Local Public Contracts Law

Local public entities, such as municipalities and counties, occasionally mandate onerous specifications that violate New Jersey’s Local Public Contracts Law. Often, these restrictive specifications are imposed in good faith to ensure that only those qualified to perform the work submit bids and are awarded the contract. Other times, however, these restrictions may be used to ensure that a favored contractor is awarded the contract.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]