You are here: / / Criteria for Evaluating County Bidding Process Explained

Criteria for Evaluating County Bidding Process Explained

Rockland County sought bids for public bus transportation. The respondent, Brega Transportation Corporation [hereinafter “Brega”], protested the county’s bid specifications as exclusionary and discriminatory and Supreme Court agreed.  The Second Department reversed Supreme Court’s determination that Rockland County’s Invitation to Bid for Transit Operations and Maintenance [hereinafter “RFB”] violated Municipal Law 103.    After explaining the criteria for evaluation of a bidding process, the Second Department wrote:

Where bid specifications are “not facially anticompetitive,” courts apply “ordinary rational basis review” …. A “’spectral appearance of impropriety’ is insufficient proof to disturb a [municipality’s] determination under the competitive bidding statutes” … . Instead, a party challenging a procurement “has the burden to demonstrate actual’ impropriety, unfair dealing or some other violation of statutory requirements”… .  Here, the Supreme Court improperly shifted the burden of proof from Brega to the county. Since Brega made only conclusory assertions and failed to demonstrate that the county’s bid specifications were irrational or exclusionary, the court erred in invalidating the RFB on that basis… .  Brega Transp Corp v Brennan, 2013 NY Slip Op 02707, 2012-03188, Index No 498/12, 2nd Dept, 4-24-13

 

 

You might also like
Questions of Fact Raised Re: Whether Plaintiff’s Decedent’s Brother and Plaintiff’s Decedent Were Employees of the Defendants (Who Then May Be Liable Under the Doctrine of Respondeat Superior) or Independent Contractors
BOTH PLAINTIFF PASSENGER AND DEFENDANT DRIVER HAD CONSUMED ALCOHOL BEFORE THE ACCIDENT, QUESTION OF FACT WHETHER PLAINTIFF PASSENGER WAS COMPARATIVELY NEGLIGENT, SUMMARY JUDGMENT IN FAVOR OF PLAINTIFF SHOULD NOT HAVE BEEN GRANTED (SECOND DEPT).
PLAINTIFF BANK IN THIS FORECLOSURE ACTION DID NOT DEMONSTRATE THE NOTICE REQUIREMENTS OF RPAPL 1304 DID NOT APPLY AND DID NOT PRESENT SUFFICIENT EVIDENCE OF THE MAILING OF THE NOTICE (SECOND DEPT).
Lack of Standing Not a Jurisdictional Defect, Sua Sponte Dismissal of Complaint Not Warranted
FORMER LAW FIRM PARTNER WAS ENTITLED TO AN ACCOUNTING; IN DETERMINING THE BUYOUT PRICE UPON THE PARTNER’S WITHDRAWAL FROM THE PARTNERSHIP, THE TERMS OF THE PARTNERSHIP AGREEMENT, RATHER THAN PARTNERSHIP LAW, CONTROL (SECOND DEPT).
Court Participation in Testimony Read-Back Is Error
A MOTION FOR JUDGMENT AS A MATTER OF LAW MUST BE DENIED IF IT IS BROUGHT BEFORE THE CLOSE OF THE OPPOSING PARTY’S CASE, EVEN IF THE MOTION HAS MERIT (SECOND DEPT).
PLAINTIFF DID NOT SATISFACTORILY EXPLAIN THE DELAY IN BRINGING THE UNTIMELY CROSS-MOTION FOR SUMMARY JUDGMENT; THEREFORE SUPREME COURT SHOULD NOT HAVE CONSIDERED THE MERITS OF THE MOTION (SECOND DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

Material Misrepresentation Rendered Insurance Policy Void Ab Initio Failure to Follow Statutory Procedure Re: Notes Sent Out By Jury Is a “Mode...