In Meadowbrook Carting Co., Inc. v. Borough of Island Heights, 138 N.J. 307, 313, 650 A.2d 748 (1994) the Court determined that the defendant bidder's omission of a required consent of surety to provide a performance bond was a material, non-waivable, and non-curable bid defect despite the defendant borough's election to waive the deficiency upon the defendant bidder's "cure" four days after the bids were opened. Meadowbrook, supra, 138 N.J. at 311-12, 320, 650 A.2d 748. The Court reasoned that permitting waiver of the consent-of-surety requirement would not only "undermine the stability of the public-bidding process" by permitting the non-conforming bidder to unilaterally cancel the award by refusing to cure the deficiency, but would also affect the fairness of the bidding process. Such waiver would also permit the non-conforming bidder to improve its ability to perform over time and by eliminating from consideration other bidders who were deterred by the requirement in the first instance, thereby creating inequality and an opportunity for favoritism. Id. at 321-25, 650 A.2d 748.