Paul Wholesale, B.V./HOLS Trading, GmbH, J.V. v. State, Department of Transportation & Public Facilities

In my view the three reasons proffered by DOT & PF for cancelling the bid solicitation are not supported by the record. I would therefore hold that there was no reasonable basis for DOT & PF’s decision to cancel the bid solicitation.

I

PW complains that the bid solicitation was ambiguous in that “duty free and/or general merchandise retail business” was susceptible to different meanings. First, I do not agree with the court’s conclusion that this clause is ambiguous. The fact that different parties placed different interpretations on the clause seems hardly conclusive that the clause is…