6 N.J. Misc. 234 | N.J. | 1928
This case is before this court upon a writ of ■certiorari. The writ is directed to the city of Atlantic City. It brings up for review a resolution of the board of commissioners of the city of Atlantic City accepting the bid of the- American LaErance Eire Engine Company, Incorporated (hereinafter called the American Company), for furnishing four one
The prosecutor claims that it was the lowest bidder and was, hence, entitled to the award of the contract. We think the award to the American Company was fully justified. One of the conditions advertised in the notice of purchase of the fire apparatus was that bidders must submit with their bids pictures of the apparatus intended to be furnished. The apparatus for which bids were asked for were one thousand
There is also a broader ground which sustains the award to the American Company. The only statute requiring competitive bidding is that contained in chapter 319 of the laws of 1920. Pamph. L. 1920, p. 572. This statute reads as follows :
“No municipality shall enter into any contract for the doing of any work, or for the furnishing of any material, supplies or labor, the hiring of teams or vehicles where the sum to be expended exceeds the sum of $500, unless the governing body shall first publicly advertise therefor, and shall award the said contract for the doing of said work, or the furnishing of such materials, supplies or labor to the lowest responsible bidder, &c.”
It seems to us that the provisions of the above statute are not applicable to the purchase of fire apparatus. One who furnishes apparatus is not furnishing materials and supplies in the sense these words are used in the statute. No city could draft specifications for fire apparatus which would apply to all fire apparatus of the kind desired. There can be no standard specifications for such apparatus. Each manufacturer makes his apparatus under patents, processes or designs different from that of other manufacturers. It is these differences which support the claim of the superiority of apparatus made by each manufacturer over that manufactured by his competitors. We think a city purchasing fire apparatus has some discretion, within proper limits, as to the apparatus which it will purchase. Hammonton v. Elvins, 101 N. J. L. 38.
The award of the contract to the American Company is affirmed. The writ of certiorari is dismissed, with costs.