If a bidder fails to submit proof of registration with bid submissions can that failure of submission be cured?
The law requires that bid and contract documents include specific references and language to advise businesses of their responsibilities. The same applies to Competitive Contracting RFP submissions. Under the Local Public Contracts Law (N.J.S.A. 40A:11-23.2), failure to submit proof of registration with a bid warrants a mandatory rejection of bids as a non-waivable defect. This applies to construction work, as well as non-construction bids, and Competitive Contracting requests for proposals. Under case law, this requirement falls into the category of documents where failure to submit proof is deemed a fatal defect that renders the bid proposal unresponsive and one that cannot be cured by the governing body. The Public School Contracts Law does not have the same mandatory submission provisions, therefore failure to submit a proof of registration with a bid may not be fatal and advice on appropriate action to take should be solicited from the School Board attorney. Under no circumstance
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