Legal Opinion

In re Request for Proposals 17DPP00144

New Jersey Superior Court Appellate Division

Decided May 11, 2018No. DOCKET NO. A–4751–16T1PublishedCited by 3 opinions

1Opinion of the Court

ACCURSO, J.A.D.

*335*532The central question in this challenge to the award of the more than six-billion-dollar State contract for pharmacy benefit services is whether the winning bidder's statement

reserv[ing] the right to modify Financial Contracted Terms based on changes by the State in formulary or any carve out of services set forth in the Agreement, including but not limited to Specialty Pharmacy services,

constituted a material deviation from a non-waivable term of the Solicitation for Bids. Although anticipated changes in Plan Design affecting the Contract make the question more difficult…

2Cases cited21 opinions

  1. Campbell v. Department of Civil ServiceSupreme Court of New Jersey · 1963
  2. In Re CarterSupreme Court of New Jersey · 2007
  3. Crowe v. De GioiaSupreme Court of New Jersey · 1982
  4. George Harms Construction Co. v. New Jersey Turnpike AuthoritySupreme Court of New Jersey · 1994
  5. Township of Hillside v. SterninSupreme Court of New Jersey · 1957

16 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. IN THE MATTER OF RM-124635/2016-2019 SNOW REMOVAL AND SALTING SERVICES CONTRACT (NEW JERSEY TURNPIKE AUTHORITY)New Jersey Superior Court Appellate Division · 2018
  2. In the Matter of Proposed Construction of Compressor Station, Etc.New Jersey Superior Court Appellate Division · 2023
  3. TERCO ENTERPRISES, LLC VS. NEW JERSEY DEPARTMENT OF TRANSPORTATION (NEW JERSEY DEPARTMENT OF TREASURY, DIVISION OF PURCHASE AND PROPERTY)New Jersey Superior Court Appellate Division · 2019

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