List Of Exempt Steel Products Issued For 2022

On February 19, 2022, the Pennsylvania Department of General Services (DGS) issued the list of machinery and equipment steel products which are exempt for calendar year 2022 under the PA Steel Products Procurement Act. The list was published in Read more

Recent Commonwealth Court Decision Affirms Core Bidding Principles

A recent decision concerning a bid protest filed on a PennDOT contract re-affirmed core principles of public bidding and bid protests on Commonwealth contracts. In Sidelines Tree Service, LLC v. Department of Transportation, the Commonwealth Court considered an appeal from a Read more

PA Supreme Court Clarifies The Meaning Of "Cost" Under the PA Steel Products Procurement Act

The PA Steel Products Procurement Act was first enacted in 1978. At its core, the Act provides that any steel products used or supplied on a public works project in Pennsylvania must be U.S. steel products. Under the Act, a product Read more

Can A Public Owner Recover Legal Fees From A Bidder Who Loses A Challenge To A Bid Rejection?

Can a public entity include in its bid instructions the right to recover its legal fees from a bidder if the bidder's bid protest lawsuit is unsuccessful? In the course of providing advice recently to a client, I came across Read more

List Of Exempt Steel Products Issued For 2020

On June 27, 2020, the Pennsylvania Department of General Services (DGS) issued the list of machinery and equipment steel products which are exempt for calendar year 2020 under the PA Steel Products Procurement Act.  The list was published in Read more

•••••

Best Value Contracting

Does Separations Act Prohibit Use Of Best Value Contracting For Construction Of Philadelphia Public Buildings?

Now that “best value” contracting is officially the new game in town for City of Philadelphia procurement, with the issuance of the new best value regulations, it’s worth asking whether the longstanding Separations Act precludes the City from using best value contracting for contracts for the construction of public buildings.

The Separations Act provides that, for public building construction in Pennsylvania in excess of $4,000, all public owners must prepare separate specifications, solicit separate bids, and award separate contracts for general construction, plumbing, heating and ventilating, and electrical work, with the additional requirement that the award must be made to the “lowest responsible bidder.”

The Separations Act unquestionably applies to the City. With a mandate to award the contract to “the lowest responsible bidder,” the Separations Act would appear to prohibit the City from using a “best value” standard to award construction contracts for a City public building project. Of course, time will tell whether City officials and the courts will agree with this viewpoint.

If you need assistance on a Separations Act issue, feel free to call or email me for a no-cost consultation.  I’ll be happy to assist in anyway possible.

Linkedin Facebook Twitter Plusone Email
Posted on November 21, 2017 by Christopher I. McCabe, Esq. in Best Value Contracting, City of Phila., Separations Act Comments Off on Does Separations Act Prohibit Use Of Best Value Contracting For Construction Of Philadelphia Public Buildings?

Regulations Issued For City of Philadelphia Best Value Contracting

On July 27, the regulations governing the City of Philadelphia’s purchase of goods and non-professional services under the “best value” standard became official.

Under the regulations, the Procurement Commissioner can permit a contract to be awarded under the “best value” standard only after a City department has made a detailed recommendation to the Commissioner.  The regulations also cover issues such as the technical scoring criteria, makeup of the selection committee, and the evaluation and scoring of bidder proposals. For example, price must receive at least 30% of the total score and non-price attributes must receive at least 50% of the total score.

Read more

Linkedin Facebook Twitter Plusone Email
Posted on August 3, 2017 by Christopher I. McCabe, Esq. in Best Value Contracting, City of Phila. Comments Off on Regulations Issued For City of Philadelphia Best Value Contracting

Philadelphia Voters Approve Best Value Contracting

It’s official! Philadelphia voters have voted in favor of the best value ballot question. Read more

Linkedin Facebook Twitter Plusone Email
Posted on May 18, 2017 by Christopher I. McCabe, Esq. in Best Value Contracting, City of Phila. Comments Off on Philadelphia Voters Approve Best Value Contracting

Committee of Seventy Throws Its Weight Behind City Of Philadelphia Best Value Initiative

On Tuesday, May 16, Philadelphia voters will be asked to vote YES or NO to the following ballot question: “Shall The Philadelphia Home Rule Charter be amended to allow for the award of certain contracts based on best value to the City?”

The ballot question is vague and confusing, and fails to inform voters that the City of Philadelphia now awards contracts on the basis of “lowest responsible bid,” a method that many believe already results in “best value” contracting for the City.

Nonetheless, the nonpartisan Committee of Seventy recently announced its support for the ballot question. The Committee of Seventy is not typically thought of as proficient on matters of public procurement, so it formed a task force comprised of Board members “with contracting experience in the public- and private-sector” to study the issue. Read more

Linkedin Facebook Twitter Plusone Email
Posted on May 9, 2017 by Christopher I. McCabe, Esq. in Best Value Contracting, City of Phila. Comments Off on Committee of Seventy Throws Its Weight Behind City Of Philadelphia Best Value Initiative

Best Value Contracting Question On Philadelphia Primary Election Ballot

Is “best value” the next, best thing in City of Philadelphia procurement? We will all know soon enough.  The best value initiative is on the official election ballot for the upcoming Philadelphia primary election.

On May 16, 2017, voters in Philadelphia will be asked to answer “yes” or “no” to the following question: “Shall The Philadelphia Home Rule Charter be amended to allow for the award of certain contracts based on best value to the City?”

If passed by the voters, best value will certainly prove to be a momentous change for Philadelphia procurement, though it remains to be seen just how momentous. Only time will tell.

My original post and thinking on the best value initiative can be found here.

Linkedin Facebook Twitter Plusone Email
Posted on May 2, 2017 by Christopher I. McCabe, Esq. in Best Value Contracting, City of Phila. Comments Off on Best Value Contracting Question On Philadelphia Primary Election Ballot

Is Best Value Contracting The Future For The City Of Philadelphia?

Is “best value” contracting the next, new thing for the City of Philadelphia?

The Philadelphia City Council recently passed a resolution proposing an amendment to the Philadelphia Home Rule Charter that would give the Procurement Department the option to award contracts, which are normally awarded to the lowest, responsible bidder, to “the responsible bidder whose proposal provides the City with the best value.” This amendment would radically alter a provision in Article VIII, Chapter 2, of the Charter that has been in place since the Charter was first enacted in 1952. Read more

Linkedin Facebook Twitter Plusone Email
Posted on December 13, 2016 by Christopher I. McCabe, Esq. in Best Value Contracting, City of Phila. Comments Off on Is Best Value Contracting The Future For The City Of Philadelphia?
WP2Social Auto Publish Powered By : XYZScripts.com