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Pennsylvania Can't Select For Anything But Lowest Price Without Good Reason

Wednesday, July 07, 2010 04:28 am




PA Associated Builders and Contractors, Inc. v. Common-wealth Department of General Services , 2010 Pa. Commw. Lexis 251 (May 19, 2010)


Pennsylvania's Department of General Services must seek competitive sealed bids for construction projects unless it can explain exactly why, on a case-by-case basis, requesting sealed proposals is a better -- or the only -- option.


Contractor PA Associated Builders and Contractors, Inc. (ABC) challenged the use of requests for proposals (RFPs) by Pennsylvania's Department of General Services (DGS) in a project to renovate a building at Cheyney University. ABC alleged that using RFPs for the project violated Pennsylvania's Procurement Code. Prior to 2005, DGS's default contract submissions process was competitive sealed bidding, under which the lowest priced bid wins the contract. In 2005, DGS instituted a "best value" policy requiring competitive sealed proposals for all com [...]

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