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W.F.M. CONTRACTING CO., INC. v. GOTBAUM

197 A.D.2d 475 (1993)

602 N.Y.S.2d 849

W.F.M. Contracting Company, Inc., Appellant, v. Betsy Gotbaum, as Commissioner of Parks and Recreation of the City of New York, et al., Respondents, et al., Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

October 26, 1993

Petitioner's contention that it was the lowest bidder rests on the proposition that the bid of the winner was not responsive because of that bidder's failure to attend the "pre-bid meeting". However, the record shows that the requirement was waived. Petitioner urges that the attendance waiver was an arbitrary violation of Procurement Policy Board (PPB) Rules (9 RCNY) § 5-01 (c) which provides for automatic rejection of nonconforming bids. However, the Department had...

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