New Jersey § 40a:11-23

§ 40a:11-23.

a. In the case of a bidding process for a public works contract, a bidder may request

withdrawal of a bid, due to a mistake on the part of the bidder, within five business

days after a bid opening. As used in this section, “mistake” shall have the same meaning as provided in paragraph

42 of section 2 of P.L.1971, c. 198 ( C.40A:11-2 ). b. To request the withdrawal of a public works bid, a bidder shall submit a request

for withdrawal in writing by certified or registered mail to the address to which

the bid was submitted. The request shall be effective upon mailing. The request shall include evidence, including any pertinent documents, demonstrating

that a mistake was made and was of so great a consequence that: (1) the enforcement of the contract, if actually made, would be unconscionable; (2) the mistake relates to a material feature of the bid; (3) the mistake occurred notwithstanding the fact that the bidder exercised reasonable

care in preparation of the bid; and (4) the bidder making the mistake is able to get relief by way of withdrawing the

bid without serious prejudice to the contracting unit, except for the loss of the

bargain to the contracting unit. c. A purchasing agent qualified pursuant to subsection b. of section 9 of P.L.1971,

c. 198 ( C.40A:11-9 ), or legal counsel for the contracting unit, or the chief administrative officer

of the contracting unit, shall review the request for bid withdrawal. No later than the next meeting of the governing body of the contracting unit following

receipt of the withdrawal request, the individual responsible for reviewing the request

shall make a recommendation to the governing body of the contracting unit concerning

the disposition of the request. The governing body of the contracting unit shall act upon the request to withdraw

the bid no later than at its next regular meeting. d. The purchasing agent, legal counsel, or chief administrative officer responsible

for reviewing the request pursuant to subsection b. of this section, shall act in

good faith in reviewing the request and in making a recommendation to the governing

body concerning the disposition of a request to withdraw a bid. e. A contracting unit whose governing body grants a request to withdraw a bid shall

return the bid guarantee to the bidder. Once the decision to approve the withdrawal is made, the contracting unit shall

continue the award process with the remaining bids. f. If a bidder withdraws a bid, the bidder shall be disqualified from future bidding

on the same project, including whenever all bids are rejected pursuant to section

21 of P.L.1999, c. 440 ( C.40A:11-13.2 ).