February 2010 - Parks & Recreation - 30

LAW REVIEW continued from page 27

719
2413
711
2607
1837
2219
2825
436
2625
1811
2042
319
1218
2018
636
2427
301
1143
2442
2236
1937
629

2645
1311
2044
937
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2235
936
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2724
1510
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2605
2244
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901, 2011
710
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1927
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2026
2718
121
1511
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925
1027

EXHIBITOR

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EXHIBITOR

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Nasco
1019
Sink Combs Dethlefs
836
w
Pub ww
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lic
Poo po
o
National Alliance for the
l Eq
Skillastics
2801
l
eq
uip
me
nt @ uip .co
Development of Archery
619
m
Com
Spectrum Products
pet 337
itiv
eP
rice
Natural Structures
1029
Spohn Ranch
711s
Outdoor Aluminum Inc.
1400
Sportime LLC
2818
TM
PHN Architects
1128
SportsPlay Equipment, Inc.
2704
Play & Park Structures
1601
Sun Ports/Shade Structures/FabriTec
1837
PlayGuard
Safety
Surfacing
510
" WePlayground
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Bottom
Of Your
Pool Problems
Superior International Industries, Inc.
2219
Pureplay
Waterpark
And
Come Up With The Perfect Solutions. " SM
Tri
Active
America
1137
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Restoration
Services
1023
* RenoSys
PVC Pool Shells
* RecDeck™ Wet Area PVC Flooring
Trikke Carving Vehicle
608
Qitele Group
Co.,™ Pool
Ltd Gutters & Grating
2707
* DuraTech
™
True
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Inc.
825
*
FuturaPool
Modular
Public
Pools
QuickScores.com ™
518
* SummitSeries Welded Stainless
USAquatics,
Inc.
511
Rain Drop
Products,
LLCPools & Spas
2743
Elevated
High Rise
Vortex Aquatic Structures Int'l, Inc.
1237
Recreonics, Inc.
2619
Water
Technology,
Inc.
1118
RenoSys Corporation
1018
Whitewater West Industries, Ltd.
1211
Rocky Mountain Sunscreen
2837

" Our

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Hold More Than Water. "

S&S Worldwide, Inc.
Scoremaster
Shade Creations by Waterloo
Siemens Water Technologies
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426
1426
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Wibit Sports

519

Williams Architects

1218

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Absolute Innovations, Inc.

737

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O N NAC
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E 94

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P A G E 70
94

February 2010

P A R K S

www.NRPA .ORG

&RECREATION

S E P T E M B E R

2 0 0 9

Substitutes Permitted?
On appeal, Interboro had claimed that
its bid " complied with the bid requirements because the call for bids permitted substitute commodities. " According
to the appeals court, it would interpret
the contract, applying " contract principles to determine whether the call for
bids allowed a substitute product that
did not meet mil requirements. " In so doing, the court would determine whether
any ambiguity existed in the language of
the contract. In the opinion of the court,
" [t]his language is clear and unambiguous. " Specifically, the call for bids did
" not allow for a substitute product that
does not meet mil requirements " :
On its bid form, the park board provided specific mil requirements.
The bid form expressly equates
mil with weight in its requirement
that bidders supply the " manufacturer's specifications guarantee on
weight (mil) of bags. " Finally, the bid
form clearly provided for " No substitute on size, color or weight. "

As a result, the appeals court found
" the call for bids unambiguously expressed that no substitutions were allowed on the weight of the bags. "
Further, the court found it was " undisputed that Interboro's bid offered a product that did not comply with the weight,
i.e., mil, specifications included in the
call for bids. " The appeals court, therefore, concluded that " Interboro's bid was
nonconforming. "
Because Interboro's bid offered a
material that did not conform to the
call for bids' clear and unambiguous mil requirements, the other
bidders did not have an opportunity to compete with Interboro.
Interboro's nonconforming bid circumvented the purpose of competitive bidding. Interboro had a

Short AND Tall
www.hoopability.com

28 Parks & Recreation

not included in the bid specifications is
void. " In this particular instance, the appeals court found " Interboro's bid did not
propose to supply a product that met the
mil requirements of the call for bids. "

February 2010 - Parks & Recreation

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