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Category Archives: Bidding

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New Jersey Supreme Court to Consider Important Public Bidding Case – Practical Considerations for Contractors

Posted in Bidding, New Jersey
In April, the New Jersey Supreme Court agreed to review the case of Waste Management of New Jersey, Inc. v. Mercer County Improvement Authority.  The matter concerns a defect in a bid submitted under the New Jersey Public Contracts Law (“LPCL”).  This case proves, yet again, that it is critical to pay close attention not… Continue Reading

New Jersey Legislature Considers Permanent Debarment for Contractors Convicted of Fraud in Connection with the Execution of Public Contracts

Posted in Bidding, Jennifer Horn
By: Daniella Gordon and Jennifer M. Horn The New Jersey legislature is considering a bill which would permanently bar contractors who are convicted of fraud in connection with work on government contracts from bidding on future public contracts in the State. Under S. 2167, contractors convicted of making false payment claims to the government will… Continue Reading

PA High Court Restricts PennDot's Design-Build Best Value Bid Procurement

Posted in Bidding, Design and Technology, Pennsylvania
As many contractors know, Pennsylvania’s attempt to formulate and use innovative procurement methods has incurred a series of setbacks from the Commonwealth’s appellate courts. The latest setback came when the Pennsylvania Supreme Court found that PennDot’s Design-Build Best Value (DBBV) procurement method violated the Pennsylvania Procurement Code. Unless there is a potential for harm to… Continue Reading

For Contractors Bidding on Public Jobs in NJ: Court Clarifies "Aggregate Rating"

Posted in Bidding, New Jersey
If you are a contractor bidding on public projects in New Jersey, a recent NJ case sheds light on an aggregate rating requirement which, if violated, could cause your bid to be disqualified. What Are Aggregate Rating Requirements Under NJ Law? Most NJ contractors who bid on public projects are aware that their company’s “Aggregate… Continue Reading

Graterford Prison Contract to Be Rebid

Posted in Bidding, New Construction, Pennsylvania
The on-again off-again Graterford Prison project has just met another hurdle. Pennsylvania Governor Tom Corbett’s administration just announced that the Department of General Services will re-bid the project to include a new death row wing, and a women’s unit. The new bidding process will likely further delay the project, which is considered one of the… Continue Reading

New Jersey Establishes Process for Bid Withdrawal

Posted in Bidding, New Jersey
Since public bidding began in the State of New Jersey, contractors have had to be especially diligent in the computation and review of their bid packages. This is because New Jersey has remained one of the few states that does not have an established procedure that permits bidders to request a withdrawal of the bid,… Continue Reading

Lancaster, PA, Bans Project Labor Agreements on County-Funded Projects

Posted in Bidding, Pennsylvania
The Lancaster County Board of Commissioners announced on January 26, 2011, that they passed an ordinance banning the use of project labor agreements (PLAs) “on all county-funded construction projects.” With the passage of Ordinance 99, all Lancaster County projects will now have open bidding, instead of exclusively being available to only union contractors. Of course,… Continue Reading

Crossing State Lines: New York Public Bidding Law Allows for Withdrawal of Bids

Posted in Bidding, New York
Although entering the public bidding arena presents contractors with a plethora of opportunities, these opportunities do not come without risk. As many contractors can attest, oftentimes public bidding can seem more like gambling than bidding. This holds true not only when a contractor steps into the public bidding area for the first time, but also… Continue Reading

Graterford Prison Project Cancelled

Posted in Bidding, Pennsylvania
The project to expand the State Correctional Institute at Graterford due to overcrowding has been cancelled. Currently, the prison houses 2,100 inmates, but it is so crowded that prisoners are being shipped to Michigan and Virginia. The project was originally slated to add 4,000 beds to the prison, 3,000 of which would have replaced existing… Continue Reading

Recent Changes to Delaware Port Authority Bidding Rules

Posted in Bidding, Pennsylvania
Prompted by criticism relating to inappropriate perks, nepotism, and corruption, the Delaware River Port Authority (DRPA) has recently enacted reforms that will affect DRPA’s construction projects. The DRPA is responsible for operating 4 toll bridges between Philadelphia and New Jersey, as well as the Port Authority Transit Corporation (PATCO) commuter rail line. The DRPA first… Continue Reading

Failure to List Equipment Could Be a Problem for Your Bid

Posted in Bidding, By Subject, New Jersey
Contractors and subcontractors who engage in public work must be mindful of the language contained in bid solicitations.  While it is easy to presume that the solicitations or advertisements for certain types of contracts are consistent within the same municipality, agency or public entity, bid requirements could be unintentionally created by the use of particular words… Continue Reading