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 Read more

Does PA Steel Act Prohibit Public Owner From Specifying Foreign-Made Cast Iron Boiler?

The PA Steel Products Procurement Act requires that all steel products (including cast iron products) supplied on a Pennsylvania public works project must be made from U.S.-made steel. Recently, a school district's contract specified a cast iron boiler manufactured in Europe as the Read more

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 Read more

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 Read more

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. Read more

DGS Issues Preliminary List Of Exempt Steel Products For 2016

Linkedin Facebook Twitter Plusone Email

The Pennsylvania Department of General Services (DGS) has issued a preliminary and updated list of machinery and equipment steel products which will be exempt under the Pa. Steel Products Procurement Act for 2016.  The list was published in the Pa. Bulletin on Saturday, February 6, 2016, and can be found here.

Read more

Linkedin Facebook Twitter Plusone Email
Posted on by Christopher I. McCabe, Esq. in DGS, Steel Products Act Leave a comment

2016 Bidding Thresholds Announced For State Authorities And Municipalities

Linkedin Facebook Twitter Plusone Email

Effective January 1, 2016, the thresholds for public bidding by Pennsylvania state authorities and municipalities will remain unchanged from 2015 and are as follows:

  • Purchases and contracts below $10,500 require no formal bidding or written/telephonic quotations
  • Purchases and contracts between $10,500 and $19,400 require three written/telephonic quotations
  • Purchases and contracts over $19,400 require formal bidding

Bidding thresholds are adjusted annually for inflation by the Pa. Department of Labor & Industry under Act 90 of 2011. The Pa. Bulletin announcement announcing the 2016 bidding thresholds can be found here.

Linkedin Facebook Twitter Plusone Email
Posted on by Christopher I. McCabe, Esq. in General Leave a comment

Intentional Violation Of Pa. Prevailing Wage Act Will Result In Debarment

Linkedin Facebook Twitter Plusone Email

Thinking of avoiding the Pa. Prevailing Wage Act?  Think again! An intentional violation of the Wage Act can and will result in a debarment for three years.

Section 11(e) of the Wage Act provides:

(e) In the event that the secretary shall determine, after notice and hearing as required by this section, that any person or firm has failed to pay the prevailing wages and that such failure was intentional, he shall thereupon notify all public bodies of the name or names of such persons or firms and no contract shall be awarded to such persons or firms or to any firm, corporation or partnership in which such persons or firms have an interest until three years have elapsed from the date of the notice to the public bodies aforesaid. The secretary may in addition thereto request the Attorney General to proceed to recover the penalties for the Commonwealth of Pennsylvania which are payable under subsection (f) of this section.

Read more

Linkedin Facebook Twitter Plusone Email
Posted on by Christopher I. McCabe, Esq. in Prevailing Wage Leave a comment

DGS Sends Violation Notices Concerning Non-Compliance With E-Verify

Linkedin Facebook Twitter Plusone Email

E-verify, officially known as the Pennsylvania Public Works Employment Verification, Act 127 of 2012, has now been the law of the Commonwealth of Pennsylvania for more than two years, since January 1, 2013.  E-verify requires all public works contractors and subcontractors to utilize the federal government’s E-Verify system to ensure that all employees performing work on public works projects are authorized to work in the United States.  My earlier post on E-Verify can be found here.

Read more

Linkedin Facebook Twitter Plusone Email
Posted on by Christopher I. McCabe, Esq. in E-Verify Leave a comment

Gov. Tom Wolf Signs Executive Order To Improve Participation Of Small & Diverse Businesses

Linkedin Facebook Twitter Plusone Email

On September 23, 2015, Pennsylvania Governor Tom Wolf signed an Executive Order solidifying his commitment to improving the participation of minority-owned, women-owned, LGBT-owned, veteran-owned, and disabled-owned businesses in state government contracting.

According to the official press release, Executive Order 2015-11, entitled “Diversity, Inclusion, and Small Business Opportunities in State Contracting and Pennsylvania’s Economy,”

directs a consistent and coordinated effort to ensure diversity and inclusion in all contracting opportunities for small and diverse businesses throughout agencies under the governor’s jurisdiction and promotes the creation of programs to better prepare those businesses to compete and succeed in Pennsylvania’s economy.

Read more

Linkedin Facebook Twitter Plusone Email
Posted on by Christopher I. McCabe, Esq. in DBE/MBE/WBE, DGS Leave a comment
« Previous   1 2 ... 6 7 8 9 10 11 12 13 14 15 ... 29 30   Next »