Timing of Bid Protests Critical

By: Nicole H. King, Esquire nhk@muslaw.com

In Stanton-Negley Drug Company v. Department of Public Welfare, the Commonwealth Court of Pennsylvania recently affirmed the time in which a business owner may protest a state-issued request for proposal (RFP). Citing the Procurement Code, the Court held that actual bidders – or those business owners who actually respond to the RFP – have only seven days from the date they became aware of the grounds for protest. Unfortunately, that date is often the day the business owner received the RFP. Conversely, prospective bidders – or those who only receive the RFP – may protest a RFP until the close of the RFP. Consequently, business owners should immediately consult with counsel after receiving an RFP if they feel there may be a basis for protest, but intend to submit a proposal nonetheless.

For more information on protesting a state-issued RFP or other construction law questions, contact Nicole H. King at nhk@muslaw.com or call 412-456-2559.