01-2-2672 Bid Solicitation #08-X-39458 Advertising and Public Relations Services, Department of Health and Senior Services , App. Div. (per curiam) (15 pp.) Brushfire Inc. appeals from the final decision of the acting director of the Division of Purchase and Property, awarding a contract for advertising and public relations services to Winning Strategies Public Relations, L.L.C. Brushfire argues that the division failed to evaluate fully the merits of its proposal, and failed to investigate its protest of the award. The appellate panel affirmed the award, finding no abuse of discretion and noting the public interest in assuring competition and fair play in the bidding process is better served by affording the director her substantial discretion to make an award. [Decided Feb. 5, 2009.]
ADMINISTRATIVE LAW — PILOTAGE ACT
01-2-2686 In the Matter of New Jersey Maritime Pilot and Docking Pilot Commission’s Decision Regarding Appointment of Christopher Baker, Mark Hershey and Kirk Pinto as Docking Pilot Apprentices , App. Div. (per curiam) (28 pp.) Appellants, docking pilot apprentices, challenge the provisions of N.J.A.C. 16:64-9.8 and certain administrative procedures adopted by the N.J. Maritime Pilot and Docking Pilot Commission in implementing the Pilotage Act, which they contend have improperly delayed their ability to become licensed docking pilots. Here, the appellate panel invalidated the cutoff date for grandfathering contained in N.J.A.C. 16:64-9.8 as arbitrary and capricious and held that the challenged procedures, while permissible, must be contained in regulations adopted through the regular rule-making process. [Decided Feb. 6, 2009.]
