Reference no: EM131622740

This Section contains a Case Scenario and several questions that follow and pertain to it. Review the following scenario and write 1-3 paragraph, short essay response that demonstrates your knowledge of the applicable law for each of the three questions that pertain to this scenario. The Maximum number of points awarded for this Section equals 26.

Case Scenario: Sales Manager Keenan Close was authorized by Lord Berkeley Corp. to submit bid proposals for products to government agencies. Keenan responded to a Request for Proposals from the State for the State's planned purchase of 15,000 engraved watches for employee anniversaries with a 20% discount to our typical business customer pricing. State law requires that the "lowest responsible bidder" be awarded the contract. A routine check of employee e-mails revealed that Manager Close sent a separate e-mail to the State's procurement officer just prior to sending our company's bid. This separate e-mail revealed that Close was a long-time buddy of the State Officer and that Close offered his friend the personal use of his NYC condo (with a fully-stocked refrigerator) for a long weekend, whenever he wanted. The company VP declined to discipline Keenan, rejoiced over the news that LBC was the lowest responsible bidder and signed the agreement. Within days of signing the Contract with the State of New Jersey, Kohl's Jewelry filed a lawsuit that alleged that LBC should be disqualified from the Contract as a "non-responsible bidder" because its VP and Sales Manager were close friends of the State Procurement Officer and conspired to bribe him with an offer to use Close's NYC condo. The lawsuit sought to compel the State to award Kohl's Jewelry the Contract for the watches on the ground that it was the next lowest responsible bidder. Upon learning of the lawsuit, the VP destroyed LBC's copies of the Close e-mail to the State Procurement Officer and denied any wrongdoing. In response to the lawsuit, Lord Berkeley Corp. issued a formal Press Release that denies any wrongdoing by its VP or Sales Manager and contends that it was lawfully awarded the Contract as the lowest responsible bidder. In addition, LBC asserts that the Due Process Clause of the Constitution requires a hearing by the State Agency that awarded the Contract on the issue of whether it is a responsible bidder before it can be deprived of the Contract that has been already awarded. As the Assistant Attorney General to the State of New Jersey, you have been asked to explain what the State's options are and offer a recommendation on what position to take in the lawsuit filed by Kohl's Jewelry.

A. Explain what criminal law violations were committed by Keenan Close and/or Lord Berkeley Corp.'s Vice President and assess the potential for successfully bringing criminal charges against each. Be sure to provide your recommendation on what specific charges we could successfully bring, if any. (Maximum 10 Points)

B. Assess Kohl Jewelry's claim that it is entitled to an immediate award of the State Contract and discuss the validity of Lord Berkeley Corp.'s arguments that Due Process requires a hearing on its "lowest responsible bidder" status before it can be deprived of its Contract. Explain whether Due Process requires a hearing and, if so, why.

C. In the event that Due Process requires a hearing on Lord Berkeley Corp.'s status as "lowest responsible bidder," describe (1) the type of hearing (judicial, quasi-judicial, formal, informal) that can be held; (2) what standard the hearing officer or administrative law judge must apply; and (3) the legal standard that is required to overturn administrative agency action..