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  • Course Book

Representing Bidders Under The Commonwealth Procurement Code 2020

Available: In Stock
Price: $69.00
Item Code: 11166-BK


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

Practice Areas
Published: 10/21/2020
Pages: 190
Size: 8.5x11
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