Adopted in 1998, the Procurement Code governs the process for the procurement of supplies, services and construction by commonwealth agencies. It is a complex statute, full of “nooks and crannies” developed in response to specific fact scenarios and the needs of various contributing constituencies.
As with all business transactions, sometimes a bidder will protest the award determination of a 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 book explores strategic issues that will help you navigate your way through a bid dispute against the Commonwealth.
Summary of Contents
Reasons for Adoption of the Code
Allowing Flexibility in Procurement Methods
- On-Line Auctions (62 Pa. C.S. §512.1)
- Requests for Proposals
Representing Bidders Responding to RFPs
- Disappointed Bidder or Successful Bidder
- Interpreting the Seven Day Rule
- Post-Opening Review of Proposals
- Supplementing the Protest
- Agency Response to Bid Protests
- Departmental Hearings
UnitedHealthcare v. Department of Human Services, and Aetna Better Health v. PA Department of Human Services
- Factual Background of the Case
- The Aetna Petition for Review
- The Reissued RFP and United’s Protests
- Final Determination of United's Protest
Lessons to be Learned from the UnitedHealthcare v. DHS Case