10 N.J. Misc. 88 | N.J. | 1931
This is an application for a writ of certiorari to review a resolution of the board of education of the town of West Orange in the county of Essex, adopted November 20th, 1931, awarding the contract for the heating and-ventilating work and equipment for a new school to be erected in the town of West Orange, to Burns Lane Bichardson Company, Incorporated, as the low bidder. Application for a writ heretofore made to Chief Justice Gummere was refused by him.
The specifications for the new school called for proposals for the heating and ventilating work and equipment upon the basis of a base bid and thirty-four alternates'—the board of education to determine which of the alternates would be
At the meeting held on November 20th, 1931, discussion as to the selection of alternates was renewed, and for apparently good reasons then advanced, there were some changes made in the selection made the night before; and upon the basis of the base bid, and the alternates finally selected and adopted by resolution at this meeting, it was found that Burns Lane Bichardson Company, Incorporated, was the lowest bidder, and accordingly resolution was adopted awarding the contract to Burns Lane Bichardson Company, Incorporated. This is the resolution the prosecutor wants reviewed.
The prosecutor Farrell contends that, though no contract had been awarded to him, or anyone else, at the meeting of November 19th, 1931, yet, since, as he claims, he was the lowest qualified bidder on the basis of the selection of alternates made by motion at that meeting, such motion created a vested right in him, Farrell, to the award of the contract, precluding any subsequent exercise of judgment upon the
After a consideration of the arguments made and the affidavits presented, we find no showing of any substantial irregularity in the proceedings resulting in the award of contract made to Burns Lane Bichardson Company, Incorporated, and our conclusion is that in the exercise of sound discretion the writ should be denied.
The application is denied, with costs.