MATTER OF ELDOR CONTRACTING CORPORATION v. Town of Islip
| Decision Date | 06 November 2000 |
| Citation | 277 A.D.2d 233,716 N.Y.S.2d 681 |
| Court | New York Supreme Court — Appellate Division |
| Parties | In the Matter of ELDOR CONTRACTING CORPORATION, Appellant,<BR>v.<BR>TOWN OF ISLIP et al., Respondents. |
Ordered that the judgment is affirmed, with costs.
The petitioner, an electrical contractor, was the apparent lowest bidder for a contract for the maintenance of the municipal lighting system of the Town of Islip (hereinafter the Town). When the petitioner failed to furnish information with respect to the type and duration of its relevant experience, as requested by the bidding documents, the Town directly solicited additional information from the petitioner. The petitioner's subsequent submissions lacked specificity regarding its experience maintaining a lighting system as large as that of the Town's. The Town determined that the petitioner was not a responsible bidder, and ultimately awarded the contract to the respondent Welsbach Electric Corp. of L.I. The petitioner commenced this proceeding pursuant to CPLR article 78, inter alia, to annul the determination. The Supreme Court denied the petition.
The Supreme Court properly determined that this proceeding is jurisdictionally defective because the petitioner failed to effect personal service on the respondent Town pursuant to CPLR 311 (a) (5), by serving either the Town supervisor or Clerk (see, Matter of Beck v Goodday, 24 AD2d 1016). While the order to show cause commencing this proceeding directed that service be made upon the Town's Commissioner of the Department of Public Works, CPLR 311 (a) (5) does not provide for such service. As this Court explained in Matter of Franz v Board of Educ. (112 AD2d 934, 935): "The courts of this State have consistently required strict compliance with the statutory procedures for the institution of claims against the State and its governmental subdivisions, and where the Legislature has designated a particular public officer for the receipt of service of process, we are without authority to substitute another."
In any event, the Supreme Court properly concluded that the Town's rejection of the petitioner's bid was not arbitrary or capricious or contrary to law. In determining the lowest responsible bidder (see, General Municipal Law § 103 [1]), the municipal agency may consider skill, judgment, and integrity, and may investigate the experience and background of the bidder (see, Matter of P & C Giampilis Constr. Corp. v Diamond, 210 AD2d 64; Matter of...
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Public Bidding and Contracts
...background of the bidder, in determining the lowest responsible bidder on a public contract. Elder Contracting Corp. v. Town of Islip , 277 A.D.2d 233. A contractor was found on seven occasions to have failed to have its electrical work supervised by a licensed master electrician and concea......
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Public Bidding and Contracts
...background of the bidder, in determining the lowest responsible bidder on a public contract. Elder Contracting Corp. v. Town of Islip , 277 A.D.2d 233. A contractor was found on seven occasions to have failed to have its electrical work supervised by a licensed master electrician and concea......
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Public Bidding and Contracts
...background of the bidder, in determining the lowest responsible bidder on a public contract. Elder Contracting Corp. v. Town of Islip , 277 A.D.2d 233. A contractor was found on seven occasions to have failed to have its electrical work supervised by a licensed master electrician and concea......
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Public Bidding and Contracts
...background of the bidder, in determining the lowest responsible bidder on a public contract. Elder Contracting Corp. v. Town of Islip , 277 A.D.2d 233. A contractor was found on seven occasions to have failed to have its electrical work supervised by a licensed master electrician and concea......