Disappointed Bidder Lacks Standing To Challenge P3 Contract Award By Non-Commonwealth Entity
In a recent case of first impression, the Commonwealth Court of Pennsylvania has affirmed a lower court ruling that a disappointed bidder lacked standing to challenge a contract awarded by a non-Commonwealth entity under the Public-Private Transportation Partnership Act (P3 Act). In April 2016, the Northampton County General Purpose Authority issued a Request for Proposals under the P3 […]
City Of Allentown Permitted To Use RFP Process For Waste Services Contract
In a decision issued on July 20, 2017, the Commonwealth Court of Pennsylvania upheld the City of Allentown’s use of the Request for Proposals (RFP) process in a contract award. In 2015, Allentown issued an RFP for the award of a long-term solid waste and recyclables contract. Previously, Allentown had used an Invitation to Bid (ITB) […]
Are RFQs Immune From Protest Under The Procurement Code?
If you respond to a Request for Quotes (RFQ) issued by a Commonwealth department or agency, can you protest if the resulting purchase order is awarded to another bidder? According to the Commonwealth’s Office of Administration, the answer is no. In a recent protest, the OA issued a letter which took the remarkable position that “‘Award’ […]
Christopher I. McCabe, Esq.
