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Hill Wallack Action Postpones New Jersey’s Mini-Micro Procurement For Review of Restrictive Specifications
by Len F. Collett, Esquire

On December 28, 2005, on behalf of Sun Microsystems, Inc., Hill Wallack partner Maeve E. Cannon filed a challenge to New Jersey Treasury specifications seeking bids for the provision of desktop computer systems and other related technologies for purchase by State and local government agencies. Hill Wallack challenged the specifications on the basis that the State unfairly limited competition by precluding certain unspecified computer equipment manufacturers, such as Sun Microsystems, from offering its wholly compatible computers to the State.

Bid opening was scheduled to occur on January 5, 2006. On January 4, 2006, on the eve of the scheduled opening, the Division of Purchase and Property advised that it would postpone the bid opening until January 19, 2006 pending a more in-depth review of the issues raised by Hill Wallack’s challenge to the specifications. In a similar challenge to the same procurement in 1999, Hill Wallack partners Patrick D. Kennedy and Maeve E. Cannon obtained an injunction from the New Jersey Superior Court, Appellate Division, preventing the opening of bids, where again, the State sought to limit the number of eligible bidders able to submit bids. For more information regarding this case contact Patrick D. Kennedy, Maeve E. Cannon or Len F. Collett. The following documents provide additional information regarding the 1999 matter and the State's current procurement.

This article provides information of general interest and is not intended, and should not be used, as a substitute for consultation with legal counsel. Any questions regarding the specific issues raised in this article should be directed to Patrick D. Kennedy, Esquire (609) 734-4444 or by email: