No injunctive relief will be granted for a trash hauling firm that lost a two-year contract with the City of Allentown to a rival bidder, a Lehigh County Court judge has ruled.
Relying on a recent state Supreme Court decision, common pleas court Judge Lawrence J. Brenner said he would refuse to invalidate Waste Management of Pennsylvania Inc.’s successful bid in Solid Waste Services Inc. v. City of Allentown, PICS Case No. 02-0553 (C.P. Lehigh April 15, 2002) Brenner, J. (34 pages), because “a municipality has the discretion to accept a non-compliant bid so long as the bid defect is a mere irregularity that does not deprive the municipality of adequate assurance that the contract will be fulfilled and the bidder does not receive a competitive advantage by its non-compliance.”
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