Jeffrey P. Blumstein
successfully protested the proposed award of a multi-million dollar, multi-year State contract to provide facility management services to several large State-owned buildings. Our client is an experienced firm who had provided similar services to the State for these same buildings. However, public policy required that when their current contract expired, a new contract be put out for competitive bidding. The first bids received had been set aside by the State and the bidding process begun again. Our client then submitted the second low bid for the contract, but believed it was actually the lowest bidder, price and other factors considered.
Jeff filed a bid protest on behalf of our client. The protest stated that the company that submitted what appeared to be the low bid was materially non-responsive to the strictly enforced requirements of the Request for Proposal, and therefore it was not a proper bidder. After reviewing the matter, the Director of the Division of Purchase and Property issued an Opinion overturning the proposed contract award. The Director agreed that the other company’s bid was materially deficient, and, therefore, legally no bid at all. This left our client as the lowest responsive and responsible bidder on the contract, and it was awarded the contract. (2007)