New Jersey local and state entities draft bid specifications that prospective bidders must comply with. The problem, however, is that they sometimes place onerous qualification requirements on bidders, which significantly narrows the pool of eligible bidders and undercuts the fundamental-fairness policy inherent in the law. To protect prospective bidders, recourse is available to challenge these restrictive qualification requirements, provided that certain deadlines and procedures are followed.

Overly Restrictive Specifications Pursuant to the Local Public Contracts Law

Local public entities, such as municipalities and counties, occasionally mandate onerous specifications that violate New Jersey’s Local Public Contracts Law. Often, these restrictive specifications are imposed in good faith to ensure that only those qualified to perform the work submit bids and are awarded the contract. Other times, however, these restrictions may be used to ensure that a favored contractor is awarded the contract.