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33 New Jersey opinions name it 2 courts 1974–2026 5 in the last five years
The cases below were cited by New Jersey courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Meadowbrook Carting Co. v. Borough of Island Heightsgreen2 sentences2026Our Supreme Court has articulated a two-prong test for determining whether an RFP provision is material and non-waivable: A-1030-25 21 [F]irst, whether the effect of a waiver would be to deprive the [contracting agency] of its assurance that the contract will be entered into, performed and guaranteed according to its specified requirements, and second, whether [the RFP requirement] is of such a nature that its waiver would adversely affect competitive bidding by placing a bidder in a position of advantage over other bidders or by otherwise undermining the necessary common standard of competiti 2025Super. 207 (Law Div. 1974), and which the Supreme Court subsequently adopted in Meadowbrook Carting Co. v. Borough of Island Heights, 138 N.J. 307 (1994) ("Meadowbrook").2 [F]irst, [courts will consider] whether the effect of a waiver would be to deprive the municipality of its assurance that the contract will be entered into, performed and guaranteed according to its specified requirements, and second, whether it is of such a nature that its waiver would adversely affect competitive bidding by placing a bidder in a position of advantage over other bidders or by otherwise undermining the neces | 8 | 17 |
Tp. of River Vale v. RJ Longo Const. Co.green2 sentences2025Second, the court must decide whether the deviation "is of such a nature that its waiver would adversely affect competitive bidding by placing a bidder in a position of advantage over other bidders or by otherwise undermining the necessary common standard of competition." Ibid. (citations omitted). 2025Second, the court must decide whether the deviation "is of such a nature that its waiver would adversely affect competitive bidding by placing a bidder in a position of advantage over other bidders or by otherwise undermining the necessary common standard of competition." Ibid. (citations omitted). | 1 | 17 |
L. Pucillo & Sons, Inc. v. Belleville Tp.green2 sentences1997Pucillo & Sons, Inc. v. Township of Belleville, 249 N.J.Super. 536, 547 , 592 A.2d 1218 , certif. denied, 127 N.J. 551 , 606 A.2d 364 (1991) (Pucillo), “the test of materiality has been reduced to [a] * * * two-prong analysis.” It requires a determination “□first, whether the effect of a waiver would be to deprive the municipality of its assurance that the contract will be entered into, performed and guaranteed according to its specified requirements, and second, whether it is of such a nature that its waiver would adversely affect competitive bidding by placing a bidder in a position of advan 1997Pucillo & Sons, Inc. v. Township of Belleville, 249 N.J.Super. 536, 547 , 592 A.2d 1218 , certif. denied, 127 N.J. 551 , 606 A.2d 364 (1991) (Pucillo), “the test of materiality has been reduced to [a] * * * two-prong analysis.” It requires a determination “□first, whether the effect of a waiver would be to deprive the municipality of its assurance that the contract will be entered into, performed and guaranteed according to its specified requirements, and second, whether it is of such a nature that its waiver would adversely affect competitive bidding by placing a bidder in a position of advan | 1 | 5 |
Palamar Const., Inc. v. Tp. of Pennsaukengreen2 sentences2025The River Vale analysis considers: [F]irst, whether the effect of a waiver would be to deprive the municipality of its assurance that the contract will be entered into, performed and guaranteed according to its specified requirements, and second, whether it is of such a nature that its waiver would adversely affect competitive bidding by placing a bidder in a position of advantage over other bidders or by otherwise undermining the necessary common standard of competition. [Ibid. (quoting Palamar Constr., Inc v. Twp. of Pennsauken, 196 N.J. 1997Pucillo & Sons, Inc. v. Township of Belleville, 249 N.J.Super. 536, 547 , 592 A.2d 1218 , certif. denied, 127 N.J. 551 , 606 A.2d 364 (1991) (Pucillo), “the test of materiality has been reduced to [a] * * * two-prong analysis.” It requires a determination “□first, whether the effect of a waiver would be to deprive the municipality of its assurance that the contract will be entered into, performed and guaranteed according to its specified requirements, and second, whether it is of such a nature that its waiver would adversely affect competitive bidding by placing a bidder in a position of advan | 1 | 5 |
Gaglioti Contracting, Inc. v. City of Hobokengreen2 sentences2000See also Gaglioti, supra, 307 N.J.Super. at 432 , 704 A. 2d 1301 ; In re Protest of the Award of the On-Line Games Prod. & Operation Servs. 2000See also Gaglioti, supra, 307 N.J.Super. at 432 , 704 A. 2d 1301 ; In re Protest of the Award of the On-Line Games Prod. & Operation Servs. | 1 | 1 |
Township of Hillside v. Sterningreen1 sentence1974See Hillside Tp. v. Sternin, supra; 10 McQuillin, supra, § 29.65 at 397. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New Jersey. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Matter of On-Line Games Contract
green
2 sentences2019The test requires the following determinations: [F]irst whether the effect of a waiver would be to deprive the [agency] of its assurance that the contract A-1767-17T3 6 will be entered into, performed and guaranteed according to its specified requirements and second, whether [the deviation] is of such a nature that its waiver would adversely affect competitive bidding by placing a bidder in a position of advantage over other bidders or by otherwise undermining the necessary common standard of competition. [On-Line Games, 279 N.J. 2014Second, the court must determine whether the requirement at issue “is of such a nature that its waiver would adversely affect competitive bidding by placing a bidder in a position of advantage over other bidders or by otherwise undermining the necessary common standard of competition.” In re On-Line Games Contract, supra, 279 N.J.Super. at 594-95 , 653 A.2d 1145 (internal quotation marks omitted). | 3 | 2013–2019 |
Kohlbrenner Recycling Enter. v. Burlington Cty. Bd.
green
2 sentences1997Pucillo & Sons, Inc. v. Township of Belleville, 249 N.J.Super. 536, 547 , 592 A.2d 1218 , certif. denied, 127 N.J. 551 , 606 A.2d 364 (1991) (Pucillo), “the test of materiality has been reduced to [a] * * * two-prong analysis.” It requires a determination “□first, whether the effect of a waiver would be to deprive the municipality of its assurance that the contract will be entered into, performed and guaranteed according to its specified requirements, and second, whether it is of such a nature that its waiver would adversely affect competitive bidding by placing a bidder in a position of advan 1994Pucillo & Sons, Inc. v. Township of Belleville, 249 N.J.Super. 536, 547 , 592 A.2d 1218 , certif. denied, 127 N.J. 551 , 606 A.2d 364 (1991) (Pucillo), “the test of materiality has been reduced to [a] * * * two-prong analysis.” It requires a determination “□first, whether the effect of a waiver would be to deprive the municipality of its assurance that the contract will be entered into, performed and guaranteed according to its specified requirements, and second, whether it is of such a nature that its waiver would adversely affect competitive bidding by placing a bidder in a position of advan | 3 | 1994–1998 |
Pucillo v. Mayor and Council of Borough of New Milford
green
2 sentences1994We held that the condition that a bid be submitted on a five-year contract was material because the defendant’s deviation provided him with “a palpable economic benefit [that] gave him an advantage over his *324 competitors and undermined the necessary common standard of competition.” Id. at 358 , 375 A.2d 602 . 1994We held that the condition that a bid be submitted on a five-year contract was material because the defendant’s deviation provided him with “a palpable economic benefit [that] gave him an advantage over his *324 competitors and undermined the necessary common standard of competition.” Id. at 358 , 375 A.2d 602 . | 2 | 1983–1994 |
In Re Jasper Seating Co., Inc.
green
2 sentences2025Where "deviation from the [bid instructions] is found to be substantial[,]" i.e., material, "under the River Vale A-0179-25 14 standard, it may not be waived and the inquiry is over because a 'non-conforming bid is no bid at all.'" In re Jasper, 406 N.J. 2025Where "deviation from the [bid instructions] is found to be substantial[,]" i.e., material, "under the River Vale A-0179-25 14 standard, it may not be waived and the inquiry is over because a 'non-conforming bid is no bid at all.'" In re Jasper, 406 N.J. | 1 | 2025–2025 |
Matthew J. Barrick, Jr. v. State of New Jersey, Department of Treasury, Division of Property Management and Construction
green
2 sentences2018His decision that Optum fully complied with the RFP's requirement for submission of a draft plan demonstrating the Bidder's understanding of the scope of work required for a successful implementation of the system, its operations, maintenance and support is supported by the record. 19 See *355 *561 Barrick , 218 N.J. at 260 , 94 A.3d 895 . 2018His decision that Optum fully complied with the RFP's requirement for submission of a draft plan demonstrating the Bidder's understanding of the scope of work required for a successful implementation of the system, its operations, maintenance and support is supported by the record. 19 See *355 *561 Barrick , 218 N.J. at 260 , 94 A.3d 895 . | 1 | 2018–2018 |
Schlumberger Industries, Inc. v. Borough of Avalon
green
2 sentences2000While we recognize that the second prong speaks explicitly only of waiver, we apply the same standard to the issue of cure, in conformity with Meadowbrook, supra, 138 N.J. at 320-25 , 650 A. 2d 748 , Harms, supra, 161 N.J.Super. at 373-78 , 391 A. 2d 960 , Gaglioti, supra, 307 N.J.Super. at 432-35 , 704 A. 2d 1301 , Stano, supra, 187 N.J.Super. at 535-38 , 455 A. 2d 541 , and Schlumberger, supra, 252 N.J.Super. at 209-11 , 599 A. 2d 589 . 2000While we recognize that the second prong speaks explicitly only of waiver, we apply the same standard to the issue of cure, in conformity with Meadowbrook, supra, 138 N.J. at 320-25 , 650 A. 2d 748 , Harms, supra, 161 N.J.Super. at 373-78 , 391 A. 2d 960 , Gaglioti, supra, 307 N.J.Super. at 432-35 , 704 A. 2d 1301 , Stano, supra, 187 N.J.Super. at 535-38 , 455 A. 2d 541 , and Schlumberger, supra, 252 N.J.Super. at 209-11 , 599 A. 2d 589 . | 1 | 2000–2000 |
Stano v. Soldo Constr. Co.
green
2 sentences2000While we recognize that the second prong speaks explicitly only of waiver, we apply the same standard to the issue of cure, in conformity with Meadowbrook, supra, 138 N.J. at 320-25 , 650 A. 2d 748 , Harms, supra, 161 N.J.Super. at 373-78 , 391 A. 2d 960 , Gaglioti, supra, 307 N.J.Super. at 432-35 , 704 A. 2d 1301 , Stano, supra, 187 N.J.Super. at 535-38 , 455 A. 2d 541 , and Schlumberger, supra, 252 N.J.Super. at 209-11 , 599 A. 2d 589 . 2000While we recognize that the second prong speaks explicitly only of waiver, we apply the same standard to the issue of cure, in conformity with Meadowbrook, supra, 138 N.J. at 320-25 , 650 A. 2d 748 , Harms, supra, 161 N.J.Super. at 373-78 , 391 A. 2d 960 , Gaglioti, supra, 307 N.J.Super. at 432-35 , 704 A. 2d 1301 , Stano, supra, 187 N.J.Super. at 535-38 , 455 A. 2d 541 , and Schlumberger, supra, 252 N.J.Super. at 209-11 , 599 A. 2d 589 . | 1 | 2000–2000 |
George Harms Constr. Co. v. Bor. of Lincoln Pk.
green
2 sentences2000While we recognize that the second prong speaks explicitly only of waiver, we apply the same standard to the issue of cure, in conformity with Meadowbrook, supra, 138 N.J. at 320-25 , 650 A. 2d 748 , Harms, supra, 161 N.J.Super. at 373-78 , 391 A. 2d 960 , Gaglioti, supra, 307 N.J.Super. at 432-35 , 704 A. 2d 1301 , Stano, supra, 187 N.J.Super. at 535-38 , 455 A. 2d 541 , and Schlumberger, supra, 252 N.J.Super. at 209-11 , 599 A. 2d 589 . 2000While we recognize that the second prong speaks explicitly only of waiver, we apply the same standard to the issue of cure, in conformity with Meadowbrook, supra, 138 N.J. at 320-25 , 650 A. 2d 748 , Harms, supra, 161 N.J.Super. at 373-78 , 391 A. 2d 960 , Gaglioti, supra, 307 N.J.Super. at 432-35 , 704 A. 2d 1301 , Stano, supra, 187 N.J.Super. at 535-38 , 455 A. 2d 541 , and Schlumberger, supra, 252 N.J.Super. at 209-11 , 599 A. 2d 589 . | 1 | 2000–2000 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.