Plaintiff A & D Construction, Inc. commenced this action in lieu of prerogative writ against defendants City of Vineland and Commercial Concrete, Inc., seeking an injunction restraining defendants from executing certain contracts for the performance of public construction work, enjoining the city from accepting the bid of defendant Commercial Concrete, Inc., and declaring a resolution of city council invalid as to the bidding process and directing the city to accept its bid. The parties stipulated the facts, which are as follows:
The City of Vineland advertised, requesting competitive bids for a project known as the North East Quadrant Sidewalk and Curb Project on April 22, 1980. The bid package contained detailed instructions plus an "addenda" which further explained the project. Five bids were received. They were:
Commercial Concrete, Inc. $42,568.60
Marandino Construction 44,359.70
M.J. Concrete Co. 49,923.84
Leming Construction Co. 54,609.50
Harry Fiocchi Construction 59,714.80
Due to the confusion in the specifications the city felt rebidding was necessary and, on May 14, 1980, city council rejected all bids. Letters of rejection were mailed and new bids were sought.
New bids were received on May 27, 1980. Only two bids were submitted. Plaintiff A & D Construction submitted a low bid of $36,634.50. Commercial Concrete did not rebid. After receiving plaintiff's bid city council passed a resolution rescinding the May 14, 1980 action which rejected all bids. City council awarded the project to Commercial Concrete upon a recalculation of its
proposal based on per unit prices which reduced its figure to $38,351.25. Defendant Commercial Concrete executed a contract with the City of Vineland and posted a performance bond. This suit followed.
In reviewing the actions of the City of Vineland the question presented is whether a municipal corporation may ...