4 N.J. Misc. 299 | N.J. | 1926
The prosecutor is an unsuccessful bidder for a contract for the improvement of Columbia avenue, in Jersey City. He was not the lowest by $12,000, The award was made by the board of commissioners to Lettiere & Bellezza, who were the lowest and successful bidders. This award is -attacked upon several grounds—
1. That bids were received at an hour different from that specified in the notice. It seems the hour set for the meeting was three p. m., and it may be that it was ten minutes after that the meeting was called and the bids tendered.
2. That the successful bidders failed (a) to file samples with its bid. It did supply a sample with the bid, and a day or two later supplemented the remaining samples. It appeared that this was a usual procedure; (b) it failed to
3.. The ordinance authorizing the issuance of bids for the improvement did not fix the rate of interest. It fixes it at not exceeding six per cent., which is the statutory limit.
4. The contract was awarded prior to the passage of the financing ordinance. The resolution awarding the contract provided that it should take effect eleven days after publication of the ordinance.
None of these do we consider meritoriously substantial, as appears by the supplemental notes, but, even if the facts were otherwise, the prosecutor is in no position to contest the award. He is not a resident of Jersey City, and was not at the time of the award of the contract. He was, in fact, and still is, a resident'of Summit, New Jersey. He is not a taxpayer. Unless, therefore, his bid as presented would have entitled him to the award of the contract if the bid of Lettieri & Bellezza had been illegal, he is without standing to make this contest.
One of the grounds upon which he attacks the successful bid is that samples as required .by specifications were not supplied. Conceding this to be true, and that such samples were an essential element in compliance. with the specifications, it clearly appears from the evidence that the prosecutor himself was in like default. He presented no samples with his bid, but wrote a letter ’ to the board of commissioners referring to samples that had been “previously filed with your department.” To whom these samples were sent, to what department delivered, for what purpose and when, except during 1924, where they were to be found, if they existed at all, was not disclosed in the letter. This, obviously, was not a compliance with this requirement of the specifications. If the successful bidders are to be debarred
The writ will be dismissed and the award confirmed.