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Patrick D. Kennedy is a partner in the Princeton, N.J. office of Hill Wallack LLP
where he is partner-in-charge of the firm’s Administrative Law/Government Contracts Practice Group.
Mr. Kennedy concentrates his practice in Administrative Law and Corporate Litigation including Public
Contracts and Environmental Litigation with a particular emphasis on administrative, environmental and regulatory compliance.
He focuses his representation on private clients seeking business with the State of New Jersey.
He frequently appears before the State Appellate Division on emergent matters and has been successful in achieving stays of
publicly advertised bids pending further judicial review. Mr. Kennedy frequently advises clients on the amicable resolution
of ongoing procurement or contract compliance issues.
Prior to entering the private practice of law, Mr. Kennedy served in a number of capacities within
New Jersey State Government. Mr. Kennedy was employed by the State Department of Treasury, Division of Purchase and Property,
where he served in several capacities including as Assistant to the Director. Among his responsibilities were the oversight of
agency complaint’s against vendors and the hearing of bid protests. In 1979, Mr. Kennedy became Assistant Director of the
newly formed Office of Administrative Law and was charged with the responsibility of establishing a program to evaluate
the State’s corp of Judges.
Mr. Kennedy also served as hearing officer for matters involving vendor responsibility and potential
debarment. He acted as hearing officer in Keyes Martin v. Division of Purchase and Property, the leading case in
New Jersey involving vendor responsibility and conflicts, and how such conflicts can impact on a bidder’s rights to a
State contract. While in the Division he was responsible for the development of regulations impacting the State’s procurement
process. From 1973 through 1975 he was employed as non-partisan staff of the New Jersey Legislature’s office of fiscal
affairs. In that capacity, he undertook performance reviews of various State operations for compliance with legislative intent.
Representative Matters
- Contract Award Challenge - Obtained an emergent stay of the opening of bids in response to an RFP while the contract award was challenged. Our client challenged the improper limitation of competition on the RFP to six brand-name original equipment manufacturers. Secured a stay of the opening of the bids in response to the RFP while the Appellate Division heard the merits of the challenge. (In the Matter of Request for Proposals 00-X-25950 For Minicomputer, Microcomputer, Word Station and Associated Products Term Contract, A-4110-98/5)
- Contract Award Reversal – Secured reversal of a contract award for our client, an unsuccessful bidder on an RFP to supply reflective sheeting and support services required to produce license plates. Challenged the contract award, arguing that the successful bidder made a conditional bid. The Appellate Division held that the successful bidder’s response to a line item in the RFP constituted a nonwaiveable deviation from the RFP and reversed the contract award. (In the Matter of Request for Proposals No. 98-X-29314 Reflective Sheeting License Plates,
315 N.J.Super. 226 (App.Div. 1998)
- Re-Bid Won – Won a re-bid following a bid protest prepared and filed by the Hill Wallack LLP government procurement team. Protested the award of the instant lottery ticket printing contract, arguing that the Division of Purchase & Property’s post-bid opening price negotiation violated New Jersey public procurement law. In a Dec. 2, 2009 written decision, the Division ordered a complete re-bid of the instant lottery tickets printing contract, finding that its post-bid opening actions to secure price concessions were in direct contravention to the unambiguous provision of N.J.S.A. 52:34-12(f), which requires the Division’s ability to negotiate be expressly set forth in the invitation to bid.
(RFP 09-X-20136, Printing: Instant Lottery Tickets – Standard and Proprietary Games – New Jersey Lottery (“NJL”))
- Re-Bid Won - Won a re-bid after we protested the award of a furniture, system, open plan/landscape contract. Argued that the Division impermissibly supplemented the RFP, post-bid, through the best and final offer (“BAFO”) process, to include higher-tiered price lines and the Division’s prime award was based on an internal brand standard not defined in the RFP. In a written decision dated Feb. 22, 2010, the Division agreed with our arguments that the expansion of the scope of this contract through the BAFO process was inappropriate, rescinded all recommended awards and ordered a re-bid. As a result of this decision, the current incumbents’ contracts (including our client’s contract),, were extended pending the re-bid. (RFP 09-X-39551, Furniture, System, Open Plan/Landscape following a bid protest.)
- Stay of Contract Termination
–Secured an emergent stay pending disposition of the appeal of the award of a contract for which our client was the intended recipient, after the contract award was terminated without a hearing upon the protest of another company. Sought, and obtained, a stay of the termination pending our appeal of the matter. (In the Matter of Charity Care On-Line Management and Eligibility Verification Services Contract RFP No. 97-X-29685)
Leadership
- Adjunct Professor, Rider University
- Member on the Board of
the American Red Cross
- Served on Governor Whitman’s transition team for the Department of Personnel
- Served on Governor McGreevy’s transition team for the Department of Environmental Protection
- Served on the Supreme Court Committee on Outside Activities of Judiciary Personnel
Mr. Kennedy is admitted to practice in the State Court of New Jersey
(1980). He earned his J.D. with honors from Seton Hall University of Law and earned an honors degree in Economics from Rider College.
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