• On-Demand Video

Representing Bidders Under The Commonwealth Procurement Code

Choose option(s) from grid below and click "Register".

Registration Options

Make your selection and click the Register button above.
TypeTitleStartEndCLEPrice
On-Demand Video

---------- CLE 4 sub/0 eth PRICE Regular: $249.00
New Attorney: $125.00
Subscribers Pay: $0.00

About

Contractors who contract with public entities in Pennsylvania at the state level confront issues that do not arise in the context of private commercial contracts. The bid process, governed by the Procurement Code, may result in protest from an allegation that a bidder has violated the bidding laws in its bid or that an awarding authority has violated the bidding laws in the award of the contract. 

The Pa Commonwealth Court’s reversal in UnitedHealthcare v. Pa Department of Human Services raised a host of issues about the Procurement Code to which there is no published case law directly on point. Using that case as a roadmap, this panel will explore strategic issues that will help you navigate your way through a bid dispute against the Commonwealth. 

  • Reasons for enactment of the Code
  • Competitive bidding v. requests for proposals
  • Representing vendors responding to RFP’s
  • Filing a protest or defending one; When to file a protest; The 7 Day Rule
  • Appeals to commonwealth court
  • Preliminary injunctions; Grounds for appeal; Right to Know Law Requests

The Agenda

  • Reasons for Adoption of the Code
  • Flexibility in Procurement Methods
  • Use of RFP’s
  • Representing Bidders on RFP’s
  • The Legal Department’s Perspective
  • The 7 Day Rule
  • Filing and Supplementing Protests
  • Agency Responses to Protests
  • Departmental Hearings
  • United Healthcare v. DHS Factual Background
  • Aetna Better Health v. DHS
  • Reissued RFP
  • UHC Protest
  • December 19 Meeting
  • UHC’s Supplemental Protests
  • Department’s Final Determination
  • Appeal to Commonwealth Court
  • Lessons Learned from United Healthcare v. DHS

All attendees will receive the course book as a digital download. A printed copy of the course book is available, at a discount to attendees, for $40. Additional copies are available at full price. If you wish to purchase the printed version of the course book, please call PBI Customer Service at 800-932-4637. Printed versions of the course book will not be distributed at the course; please allow up to two weeks after the program for the printed versions of the course book to be shipped.

Recorded in October 2020.


Practice Areas

Faculty

NameFirm/Company
Veronica L Morrison Esq. Stevens & Lee (Hbg - Market Square)
Michael D. Reed Esq. Mette, Evans & Woodside
Eric J. Wexler Esq. Cognizant Technology Solutions
Faculty may vary by location.
PBI reserves the right to substitute speakers at all programs.
11166
©2023 Pennsylvania Bar Association. All rights reserved unless otherwise provided in a separate agreement. Unauthorized use, duplication, republication or redistribution of this material is strictly prohibited without the prior express written consent of the Pennsylvania Bar Association.