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IN THE MATTER OF BID OF AGATE CONSTRUCTION CO., INC.

761 A.2d 1110 (2000)

335 N.J. Super. 161

In the Matter of the BID OF AGATE CONSTRUCTION CO., INC., a Corporation of the State of New Jersey, On New Jersey Department of Environmental Protection Project No. 2125.

Superior Court of New Jersey, Appellate Division.

Decided November 20, 2000.

Attorney(s) appearing for the Case

Adrienne L. Isacoff, argued the cause, for appellant Agate Construction Co., Inc. (Lowenstein Sandler, attorneys; Steven E. Brawer, of counsel; Ms. Isacoff, on the brief).

Kevin J. Thornton, Atlantic City, argued the cause, for respondent Albrecht & Heun, Inc. (Fox, Rothschild, O'Brien & Frankel, attorneys; Mr. Thornton, on the brief).

John M. Van Dalen, Senior Deputy Attorney General, argued the cause, for respondent Department of Environmental Protection (John J. Farmer, Jr., Attorney General, attorney; Mr. Van Dalen, on the brief).

Before Judges D'ANNUNZIO, KEEFE, and EICHEN.

The opinion of the court was delivered by D'ANNUNZIO, P.J.A.D.

Agate Construction Co., Inc. (Agate) appeals from a determination of the Department of Environmental Protection (DEP) that Agate was not the low bidder on a project. The DEP awarded the contract to Albrecht & Heun, Inc. (Albrecht). We affirm.

The DEP solicited bids for the dredging of a navigation channel in Cape May County known as the Middle Thorofare. The DEP received five bids, which were...

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