Supreme Court of Delaware

Joseph R. Julian and Jjid, Inc., Below v. Delaware Department of Transportation, Below

September 28, 20122012 Del. LEXIS 517

Summary

The court affirmed summary judgment for DelDOT, holding that JJID's bid was nonresponsive because it omitted required paint certifications and proposed replacing, rather than refurbishing, the existing bridge beams. DelDOT acted within its broad discretion in rejecting the bid because the proposed change failed to conform to material project specifications and was not arbitrary or capricious.