Lack of a Complete PDF Copy of Bid is not a Material Defect

The awarding of a $163.5 million contract to design and build a school in Passaic was upheld by the Appellate Division in an unpublished decision earlier this month.  The 2nd highest bidder attempted to have the bid rejected for failure to comply with the bid specifications of the New Jersey Schools Development Authority.  Specifically, there was a requirement that the technical proposal be submitted in PDF form in addition to the multiple hard copies that were required.  While a PDF was submitted by the lowest bidder, the PDF was incomplete and missing an organizational chart and some subcontractor forms.  However, the missing items were included with the hard copies that were submitted simultaneously with the bid.  Consequently, both the authority itself and the court agreed that such failure was insufficient to overturn the award to the lowest bidder, stating that while the electronic copy didn't fully match the paper submission, it was not a material defect.  (Ernest Bock & Sons, Inc. v. New Jersey Schools Development Authority, et. al.)