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 Results for ("N.J.S.A. 40A:11-23.2")   1 to 15 of 27 results. Run time: 0.818 seconds | Search time: 0.811 seconds    
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1 SUBURBAN DISPOSAL INC v. TOWNSHIP OF ABERDEEN -- rank: 1000
... a mandatory, nonwaivable part of the submission by bidders." See N.J.S.A. 40A:11-23.2(e). She explained that even though the February 23, 2012 ... it was not one of the mandatory items listed under N.J.S.A. 40A:11-23.2. It was, therefore, reasonable for Aberdeen to have exercised its ... EMBODIED IN PAGE 50b WAS NEVER A MANDATORY ITEM UNDER [ N.J.S.A. ] 40A:11-23.2. POINT IV UNDER THE MATERIALITY ANALYSIS ARTICULATED IN MEADOWBROOK OMISSION ... notice[s] or revisions or addenda to . . . bid documents." See N.J.S.A. 40A:11-23.2. As we have previously said, the statute requires rejection of ... not include all of the mandatory items set forth therein. . . . N.J.S.A. 40A:11-23.2 forecloses a contracting agency from even considering whether the failure ... those items is immaterial . . . . Furthermore, one of the items that N.J.S.A. 40A:11-23.2 makes nonwaivable under any circumstances is a bidder's ...
docket: a3176-12
court: NJ Superior Court Appellate Division
decided: 2014-05-23
status: unpublished
citation:
Document Size: 36004
2 P and A CONSTRUCTION, INC. v. TOWNSHIP OF WOODBRIDGE, et al. -- rank: 959
... is a mandatory cause for the bid to be rejected ( N.J.S.A. 40A:11-23.2)." The items listed under subsection B included a certified financial ... is not one of the "mandatory requirements" set forth in N.J.S.A. 40A:11-23.2. Our "Checklist For Construction" at page C-13 section B ... financial statement with its bid, the trial court relied upon N.J.S.A. 40A:11-23.2, a new section of Local Public Contracts Law enacted as ... advertisement or bid documents. The trial court concluded that because N.J.S.A. 40A:11-23.2 states that a bidder's failure to submit any one ... We reject this reasoning and conclude that the enactment of N.J.S.A. 40A:11-23.2 had a more limited effect on prior local public contracting law than the trial court ascribed to it. N.J.S.A. 40A:11-23.2 clearly constitutes a legislative directive that local contracting agencies ...
docket: A0436-03
court: NJ Superior Court Appellate Division
decided: 2004-01-06
status: published
citation: 365 N.J. Super. 164 838 A.2d 520
Document Size: 40307
3 ERNEST BOCK & SONS, INC. v. MERCER COUNTY IMPROVEMENT AUTHORITY -- rank: 953
... of N.J.S.A. 52:25-24.2 and N.J.S.A. 40A:11-23.2, as required by the bid specifications." Therefore, the judge rescinded ... of N.J.S.A. 52:25-24.2 and N.J.S.A. 40A:11-23.2. Specifically, this [c]ourt holds that disclosure of any 10 ... to the receipt of the bid or accompanying the bid," N.J.S.A. 40A:11-23.2 insists that an ownership disclosure statement made pursuant to [ N ... contracting unit for the receipt of the bids . . . ." Insofar as [ N.J.S.A. 40A:11-]23.2 postdates the enactment of [ N.J.S.A. 52:25 ... it, this [c]ourt views the timing language found in N.J.S.A. 40A:11-]23.2 to be controlling. To allow submission of an ownership disclosure ... the "receipt of bids" would render the plain language of [ N.J.S.A. 40A:11-]23.2 meaningless. Moreover, no alternate interpretation of [ N.J.S. ...
docket: a0051-09
court: New Jersey Superior Court Appellate Division
decided: 2010-02-18
status: unpublished
citation:
Document Size: 46182
4 ERNEST BOCK & SONS, INC. v. MERCER COUNTY IMPROVEMENT AUTHORITY -- rank: 953
... of N.J.S.A. 52:25-24.2 and N.J.S.A. 40A:11-23.2, as required by the bid specifications." Therefore, the judge rescinded ... of N.J.S.A. 52:25-24.2 and N.J.S.A. 40A:11-23.2. Specifically, this [c]ourt holds that disclosure of any 10 ... to the receipt of the bid or accompanying the bid," N.J.S.A. 40A:11-23.2 insists that an ownership disclosure statement made pursuant to [ N ... contracting unit for the receipt of the bids . . . ." Insofar as [ N.J.S.A. 40A:11-]23.2 postdates the enactment of [ N.J.S.A. 52:25 ... it, this [c]ourt views the timing language found in N.J.S.A. 40A:11-]23.2 to be controlling. To allow submission of an ownership disclosure ... the "receipt of bids" would render the plain language of [ N.J.S.A. 40A:11-]23.2 meaningless. Moreover, no alternate interpretation of [ N.J.S. ...
docket: a0150-09
court: New Jersey Superior Court Appellate Division
decided: 2010-02-18
status: unpublished
citation:
Document Size: 46182
5 ERNEST BOCK & SONS, INC. v. MERCER COUNTY IMPROVEMENT AUTHORITY -- rank: 953
... of N.J.S.A. 52:25-24.2 and N.J.S.A. 40A:11-23.2, as required by the bid specifications." Therefore, the judge rescinded ... of N.J.S.A. 52:25-24.2 and N.J.S.A. 40A:11-23.2. Specifically, this [c]ourt holds that disclosure of any 10 ... to the receipt of the bid or accompanying the bid," N.J.S.A. 40A:11-23.2 insists that an ownership disclosure statement made pursuant to [ N ... contracting unit for the receipt of the bids . . . ." Insofar as [ N.J.S.A. 40A:11-]23.2 postdates the enactment of [ N.J.S.A. 52:25 ... it, this [c]ourt views the timing language found in N.J.S.A. 40A:11-]23.2 to be controlling. To allow submission of an ownership disclosure ... the "receipt of bids" would render the plain language of [ N.J.S.A. 40A:11-]23.2 meaningless. Moreover, no alternate interpretation of [ N.J.S. ...
docket: a0199-09
court: New Jersey Superior Court Appellate Division
decided: 2010-02-18
status: unpublished
citation:
Document Size: 46182
6 STAR SEA CONCRETE CORP. v. LUCAS BROTHERS, INC. et al. -- rank: 933
... 16]," with a bid is "deemed a fatal defect" under N.J.S.A. 40A:11-23.2. The County and Lucas Brothers argue in this appeal, however ... The central issue in this dispute involves the meaning of N.J.S.A. 40A:11-23.2, which is part of the 1999 amendments to the Local ... N.J.S.A. 40A:11-21 to -23.2. N.J.S.A. 40A:11-23.2 provides that "[w]hen required by the bid plans and ... The first four of the five mandatory items included in N.J.S.A. 40A:11-23.2 are "[a] guarantee to accompany the bid pursuant to Section ... the question becomes whether the Legislature incorporated this limitation into N.J.S.A. 40A:11-23.2, overlooks other language utilized by the Legislature in N.J.S.A. 40A:11-23.2, and conflicts with the goals of the 1999 amendments ...
docket: a4628-03
court: njappellate
decided: 2004-06-17
status: published
citation: 370 N.J. Super. 60
Document Size: 29581
7 VANAS CONSTRUCTION CO INC v. CITY OF JERSEY CITY -- rank: 852
... awarding the two contracts to the two lowest bidders violated N.J.S.A. 40A:11-23.2. The court also considered the impact of the awards under ... to permit Sanzari and Arco to cure the defect violated N.J.S.A. 40A:11-23.2. N.J.S.A. 40A:11-23.2 states in relevant part: When required by the bid plans ... to provide the Certificate and Questionnaire for the subcontractors violated N.J.S.A. 40A:11-23.2 as the trial court found. That, however, does not end ... any bid defect that is not expressly set forth in N.J.S.A. 40A:11-23.2. Instead, we conclude that N.J.S.A. 40A:11-23.2 should be construed as a legislative directive that a ...
docket: a1649-10
court: New Jersey Superior Court Appellate Division
decided: 2010-12-23
status: unpublished
citation:
Document Size: 97120
8 VANAS CONSTRUCTION CO INC v. CITY OF JERSEY CITY -- rank: 852
... awarding the two contracts to the two lowest bidders violated N.J.S.A. 40A:11-23.2. The court also considered the impact of the awards under ... to permit Sanzari and Arco to cure the defect violated N.J.S.A. 40A:11-23.2. N.J.S.A. 40A:11-23.2 states in relevant part: When required by the bid plans ... to provide the Certificate and Questionnaire for the subcontractors violated N.J.S.A. 40A:11-23.2 as the trial court found. That, however, does not end ... any bid defect that is not expressly set forth in N.J.S.A. 40A:11-23.2. Instead, we conclude that N.J.S.A. 40A:11-23.2 should be construed as a legislative directive that a ...
docket: a1650-10
court: New Jersey Superior Court Appellate Division
decided: 2010-12-23
status: unpublished
citation:
Document Size: 97120
9 VANAS CONSTRUCTION CO INC v. CITY OF JERSEY CITY -- rank: 852
... awarding the two contracts to the two lowest bidders violated N.J.S.A. 40A:11-23.2. The court also considered the impact of the awards under ... to permit Sanzari and Arco to cure the defect violated N.J.S.A. 40A:11-23.2. N.J.S.A. 40A:11-23.2 states in relevant part: When required by the bid plans ... to provide the Certificate and Questionnaire for the subcontractors violated N.J.S.A. 40A:11-23.2 as the trial court found. That, however, does not end ... any bid defect that is not expressly set forth in N.J.S.A. 40A:11-23.2. Instead, we conclude that N.J.S.A. 40A:11-23.2 should be construed as a legislative directive that a ...
docket: a1804-10
court: New Jersey Superior Court Appellate Division
decided: 2010-12-23
status: unpublished
citation:
Document Size: 97120
10 SUBURBAN DISPOSAL, INC. VS. CITY OF PATERSON, ET AL. -- rank: 849
... or revisions or addenda to the advertisement or bid documents.' N.J.S.A. 40A:11-23.2. Failure to submit a mandatory item is a fatal defect ...
docket: a0519-23
court: appellate
decided: 2024-03-27
status: Unpublished
citation:
Document Size: 29136
11 C&H INDUSTRIAL SERVICES, INC., v. CITY OF VINELAND -- rank: 832
... by the contracting unit for the receipt of the bids[.]" N.J.S.A. 40A:11-23.2(c).  If a bidder fails to submit "[a] statement of ... non-compliance with bidding requirements, other than those enumerated in N.J.S.A. 40A:11-23.2, is material and non-waivable, a court must evaluate the ... or accompanying the bid . IIE further emphasizes the language in N.J.S.A. 40A:11-23.2 providing that "[w]hen required by the bid plans and ... that N.J.S.A. 52:25-24.2 and N.J.S.A. 40A:11-23.2 only discuss the requirement of the disclosure statement "in the ... the disclosure statute and the legislative mandate set forth in N.J.S.A. 40A:11-23.2. Lastly, IIE's reliance on Att'y Gen. Formal Op ...
docket: a3780-13
court: NJ Superior Court Appellate Division
decided: 2014-05-23
status: unpublished
citation:
Document Size: 41713
12 APPLIED LANDSCAPE TECHNOLOGIES, INC v. BOROUGH OF FLORHAM PARK -- rank: 820
... N.J. Super. 524 , 535 (App. Div. 1983). Pursuant to N.J.S.A. 40A:11-23.2, "[w]hen required by the bid plans and specifications," certain ... was] a mandatory cause for the bid to be rejected[,] [] N.J.S.A. 40A:11-23.2[]." Among other things, the checklist obligated each bidder to submit ... competition. [ Ibid. ] We have said that "[t]he intent of N.J.S.A. 40A:11-23.2 was to 'circumscribe[] the authority of local contracting agencies to ... 365 N.J. Super. 164 , 176-77 (App. Div. 2004)). " N.J.S.A. 40A:11-23.2, which is the only section of [the] Local Public Contracts ... J. Super. at 68-69, we concluded that, pursuant to N.J.S.A. 40A:11-23.2, the lowest bidder's failure to include a list of ... render[s] the bid . . . unresponsive and that cannot be cured . . . ." N.J.S.A. 40A:11-23.2. The only issue, therefore, is whether Rochelle failed to ...
docket: a3476-12
court: NJ Superior Court Appellate Division
decided: 2013-06-03
status: unpublished
citation:
Document Size: 41449
13 ERNEST BOCK SONS DOBCO PENNSAUKEN JOINT VENTURE v. TOWNSHIP OF PENNSAUKEN -- rank: 783
... surety, acknowledgement of addenda, and subcontractor form as required by N.J.S.A 40A:11-23.2. Joint Venture, however, did not submit a PWCRA registration certificate ...
docket: a3684-22
court: NJ Superior Court Appellate Division
decided: 2023-11-30
status: Published
citation:
Document Size: 32645
14 FALASCA MECHANICAL, INC v. GLOUCESTER COUNTY IMPROVEMENT AUTHORITY -- rank: 771
... 2008, the trial judge considered GCIA's alternative arguments that N.J.S.A. 40A:11-23.2 required bidders to list all subcontractors and provide BRCs for ... for automatic rejection of a bid. The judge reasoned that N.J.S.A. 40A:11-23.2 did not in itself require the list or the BRCs ... authority to require sub-contractor information and BRCs even if N.J.S.A. 40A:11-23.2 did not require them. It also had the authority to ... 370 N.J. Super. 60 (App. Div. 2004), we construed N.J.S.A. 40A:11-23.2, which provides that when the bid specifications require a bidder ... subcontractors. Rather, we recognized that, even before the adoption of N.J.S.A. 40A:11-23.2, failure to list subcontractors was a non-waivable defect: In ... J. Super. 421 (App. Div. 1997)], which was decided before N.J.S.A. 40A:11-23.2 was adopted, we concluded that a list of subcontractors ...
docket: a1872-08
court: New Jersey Superior Court Appellate Division
decided: 2009-06-26
status: unpublished
citation:
Document Size: 27941
15 FALASCA MECHANICAL, INC v. GLOUCESTER COUNTY IMPROVEMENT AUTHORITY -- rank: 771
... 2008, the trial judge considered GCIA's alternative arguments that N.J.S.A. 40A:11-23.2 required bidders to list all subcontractors and provide BRCs for ... for automatic rejection of a bid. The judge reasoned that N.J.S.A. 40A:11-23.2 did not in itself require the list or the BRCs ... authority to require sub-contractor information and BRCs even if N.J.S.A. 40A:11-23.2 did not require them. It also had the authority to ... 370 N.J. Super. 60 (App. Div. 2004), we construed N.J.S.A. 40A:11-23.2, which provides that when the bid specifications require a bidder ... subcontractors. Rather, we recognized that, even before the adoption of N.J.S.A. 40A:11-23.2, failure to list subcontractors was a non-waivable defect: In ... J. Super. 421 (App. Div. 1997)], which was decided before N.J.S.A. 40A:11-23.2 was adopted, we concluded that a list of subcontractors ...
docket: a1757-08
court: New Jersey Superior Court Appellate Division
decided: 2009-06-26
status: unpublished
citation:
Document Size: 27933
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