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Monday, April 13, 2009

04-02-09 In the Matter of Jasper Seating Company...A-4636-07T2

04-02-09 In the Matter of Jasper Seating Company, Inc.'s
Request for Reconsideration Regarding Request for
Proposal No. 07-X-37965
A-4636-07T2

Appellant appeals from the Final Agency Determination of
the Division of Purchase and Property to reject appellant's bid
as non-conforming for the State's purchase awards under its
publicly-bid contract for furniture because the bid included a
sticker reflecting a price increase. We affirm the Division's
determination. Under the public bidding standard adopted in
Meadowbrook Carting Co. v. Borough of Island Heights, 138 N.J.
307 (1994), once a deviation from the RFP has been identified,
the issue is whether the bid non-compliance constitutes a
material and hence non-waivable irregularity.