Appeal Over Award To Build Softball Field Dismissed As Moot

In September 2009, the Township of Cedar Grove invited bids for a contract to build a synthetic turf softball field.  Fredco Landscaping, LLC v. Township of Cedar Grove, No. A-3082-09 (App. Div. October 22, 2010).  To pay for the field, Cedar Grove used a $225,000 county grant.  One of the conditions of the grant was that the field had to be completed by June 30, 2010.  Twelve bidders responded to the bid.  Fredco Landscaping, LLC was the lowest bidder; J.A. Alexander was second; The LandTek Group, Inc. was third; and Applied Landscaping Technologies, Inc. was fourth.  Cedar Grove decided that Fredco was unqualified and that J.A. Alexander’s bid was non-conforming.  Thus, since LandTek was the lowest remaining bidder, Cedar Grove awarded the contract to it.  In December 2009 Fredco filed suit seeking that the contract be awarded to it as the lowest responsive, responsible bidder.  Applied intervened in the suit, and in February 2010 the trial court upheld the award of the contract to LandTek.  Only Applied appealed.  Applied asked the trial court to stay its ruling pending its appeal, but the trial court refused to do so.  The Appellate Division also denied Applied’s request for a stay. 


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