What Is A Responsible Bidder?

What is a "responsible" bidder? The short answer is one who is competent, qualified, and sufficiently experienced to perform the work in question. The long answer follows. "Responsibilty" refers to the qualifications, including competence and experience, of a bidder to perform a Read more

Bid Withdrawals, Revisited

Can a bidder withdraw its bid due to an honest and good faith mistake in its bid price? The short answer is yes. But the bidder must act quickly - written notice to withdraw must be provided within two business days Read more

House Committee Votes To Amend HB 163 To Repeal Separations Act

The latest onslaught against the more than 100-year old Separations Act has begun. On June 19, 2019, the House State Government Committee voted 15-10 in favor of amending House Bill 163 to remove the language which would have allowed public projects Read more

Is The Separations Act Again In Danger Of Repeal?

Is the Separations Act once again in danger of repeal? House Bill 163, whose prime sponsor is Representative Garth D. Everett, proposes to fully repeal the Separations Act and further amend the Pa. Procurement Code to allow for public projects to Read more

List Of Exempt Steel Products Issued For 2019

The Pennsylvania Department of General Services (DGS) has finally issued the list of machinery and equipment steel products which will be exempt for calendar year 2019 under the PA Steel Products Procurement Act.  The list was published in the Pa. Read more

What Is A Responsible Bidder?

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What is a “responsible” bidder? The short answer is one who is competent, qualified, and sufficiently experienced to perform the work in question. The long answer follows.

“Responsibilty” refers to the qualifications, including competence and experience, of a bidder to perform a public contract.  Whether a bidder is responsible or qualified to receive a contract award is ordinarily left up to the discretion of the government officials in charge of awarding the contract.  The courts are extremely reluctant to overrule government decisions to disqualify a bidder as non-responsible. Read more

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Posted on by Christopher I. McCabe, Esq. in Bidder Responsibility Leave a comment

Bid Withdrawals, Revisited

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Can a bidder withdraw its bid due to an honest and good faith mistake in its bid price? The short answer is yes.

But the bidder must act quickly – written notice to withdraw must be provided within two business days of the bid opening. More importantly, the bidder must submit credible evidence that the reason for the price bid being substantially lower was a clerical mistake, and not a “judgment” mistake, and was actually due to an unintentional and substantial arithmetical error or an unintentional omission of a substantial quantity of work, labor, material or services made directly in the compilation of the bid. See 73 P.S. § 1602. Read more

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Posted on by Christopher I. McCabe, Esq. in Bid Withdrawal Comments Off on Bid Withdrawals, Revisited

House Committee Votes To Amend HB 163 To Repeal Separations Act

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The latest onslaught against the more than 100-year old Separations Act has begun.

On June 19, 2019, the House State Government Committee voted 15-10 in favor of amending House Bill 163 to remove the language which would have allowed public projects to be completed by one of four different project delivery methods. Instead, the amended HB 163 now simply repeals the Separations Act in its entirety. The Committee also voted 15-10 to report the amended HB 163 out of the Committee.

The newly amended HB 163 can be found here.

If you need assistance on a Separations Act issue, feel free to call or email me.  I’ll be happy to assist in anyway possible.

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Posted on by Christopher I. McCabe, Esq. in Separations Act Comments Off on House Committee Votes To Amend HB 163 To Repeal Separations Act

Is The Separations Act Again In Danger Of Repeal?

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Is the Separations Act once again in danger of repeal?

House Bill 163, whose prime sponsor is Representative Garth D. Everett, proposes to fully repeal the Separations Act and further amend the Pa. Procurement Code to allow for public projects to be completed by one of four different project delivery methods: (1) construction management at-risk; (2) design-bid-build with multiple prime contractors; (3) design-bid-build with a single prime contractor; or (4) design-build. Each of these delivery methods is defined in the HB 163.

The memorandum for HB 163 describes the Separations Act as “an entirely outdated law costing the taxpayers of Pennsylvania money unnecessarily.” The Separations Act was enacted in 1913 and requires public entities to solicit and award separate contracts for plumbing, heating, electrical, and ventilating work that is part of a public construction project where the cost of construction exceeds $4,000.

A vote on HB 163 is scheduled for Tuesday, June 18th, before the House State Government Committee.

Time will tell whether the Separations Act survives this latest repeal effort.

If you need assistance on a Separations Act issue, feel free to call or email me.  I’ll be happy to assist in anyway possible.

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Posted on by Christopher I. McCabe, Esq. in Separations Act Comments Off on Is The Separations Act Again In Danger Of Repeal?

List Of Exempt Steel Products Issued For 2019

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The Pennsylvania Department of General Services (DGS) has finally issued the list of machinery and equipment steel products which will be exempt for calendar year 2019 under the PA Steel Products Procurement Act.  The list was published in the Pa. Bulletin on Saturday, April 27, 2019, and can be found here. The 30-day comment period expired on May 27, 2018. There were only two new steel products added to the exempt list – Drip Pan ELL and Wall Mounted Boiler. Read more

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Posted on by Christopher I. McCabe, Esq. in DGS, Steel Products Act Comments Off on List Of Exempt Steel Products Issued For 2019
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