Opinion
April 25, 1994
Appeal from the Supreme Court, Nassau County (Becker, J.).
Ordered that the judgment is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.
We reject the petitioner's contention that material variations existed between the bid specifications and the lowest bidder's bid, such that the acceptance of the lowest bid disadvantaged the petitioner. Whether differences between the bid specifications and the bid itself were material or substantial was for the County to decide (see, Matter of Wilson Omnibus Corp. v Fallsburg Cent. School Dist., 167 A.D.2d 803; Matter of AS Transp. Co. v County of Nassau, 154 A.D.2d 456). Further, there was a rational basis for the County to waive any irregularities in the low bidder's bid, as it was in its best interest to do so (see, Matter of Clancy-Cullen Stor. Co. v Board of Elections, 98 A.D.2d 635). Accordingly, the County properly awarded the contract to the lowest bidder.
The petitioner's remaining contentions are without merit. Thompson, J.P., Balletta, Pizzuto and Joy, JJ., concur.