Tec Electric, Inc. v. Franklin Lakes Board of Education

STARK, J.S.C.

The issue before the court is whether the failure of the lowest bidder to include a Prequalification Affidavit is a nonconformity requiring bid rejection pursuant to the Public School Contracts Law, NJ.SA 18A:18A-32.

On May 12,1995, defendant Franklin Lakes Board of Education (Board of Education) opened bids for a project known as “Additions and Alterations at Franklin Avenue Middle School.” Among the bidders for Contract No. 5-Electrical work were plaintiff, Tec Electric Incorporated (Tec), and defendant, Redmann Electric Company (Redmann). Tec was the lowest bidder, submitting a…