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JULIAN v. DELAWARE DEPT. OF TRANSP.

No. 31, 2012.

53 A.3d 1081 (2012)

Joseph R. JULIAN and JJID, Inc., Plaintiffs Below, Appellants, v. DELAWARE DEPARTMENT OF TRANSPORTATION, Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: September 28, 2012.

Amended: September 28, 2012.

Attorney(s) appearing for the Case

James S. Green, Sr., Esquire and Jared T. Green, Esquire (argued), Seitz, Van Ogtrop & Green, P.A., Wilmington, Delaware for Appellants.

Frederick H. Schranck Esquire (argued), Department of Justice, Wilmington, Delaware for Appellee.

Before STEELE, Chief Justice, HOLLAND and BERGER, Justices.

BERGER, Justice:

In this appeal, we consider whether a contractor's bid was responsive to the Delaware Department of Transportation's (DelDOT) Request for Proposals (RFP). The contractor's bid did not include required paint certifications. In addition, the bid reflected the contractor's plan to use new steel beams, rather than refurbish the existing ones, as required by the RFP. The contractor chose to submit a bid that did not conform to the project specifications...

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