Contract Struck Down Due to Expiry of Bid Validity

By Paul Emanuelli

In its February 2017 decision in The DRS Group v. County of Union, the New Jersey Superior Court struck down a contract award after the county failed to properly extend the winning contractor’s bid validity period. The case dealt with a tendering process for a document scanning services contract. Due to administrative delays, the contract was not awarded during the original bid validity period. The county claimed that the bidder had agreed to extend the bid validity period prior to its expiry but the court disagreed, finding that the county failed to properly request and document the bid extension. It therefore ruled that the contract was invalidly awarded and voided the contract.