By Paul Emanuelli

In its March 2017 decision in Agate Construction v. New Jersey, the New Jersey Superior Court, Appellate Division lifted the suspension of a contract award after finding that the selected bid was compliant. The case dealt with a multi-million dollar contract award for the repair of a seawall. A losing bidder challenged the process, arguing that the selected bid failed to comply with the proof of past experience requirements. However, the court rejected this argument after finding that the past experience information provided in the winning bid was “field verified” by the purchasing institution to confirm that the winning bidder had the required experience.