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

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Bid Withdrawal

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 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 July 9, 2019 by Christopher I. McCabe, Esq. in Bid Withdrawal Comments Off on Bid Withdrawals, Revisited

Public Bidding 101: Bid Mistakes and Bid Withdrawals

This post is one in a continuing series on the basic tenets of public bidding in Pennsylvania. The subject of today’s post is bid mistakes and withdrawal of bids. I am often asked whether a bidder can withdraw its bid due to a mistake in price. The answer is not so simple.

Typically, public bids are binding on the bidder for 60 days after bid opening, unless the bidder and the public entity execute a written consent for a longer period. If the bids are not accepted within that time frame, or if a contract is not executed within 60 days of the contract award, the bidder is permitted to withdraw its bid and escape liability on its bid and its bid security or bid bond. Otherwise, the bidder is legally bound by its bid, and cannot withdraw its bid, unless it can satisfy the stringent requirements for a bid withdrawal. Read more

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Posted on May 24, 2012 by Christopher I. McCabe, Esq. in Bid Withdrawal, Public Bidding 101 Comments Off on Public Bidding 101: Bid Mistakes and Bid Withdrawals
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