Monthly Archives: January 2022

PA Supreme Court Clarifies The Meaning Of “Cost” Under the PA Steel Products Procurement Act

January 13th, 2022 (No Comments)

The PA Steel Products Procurement Act was first enacted in 1978. At its core, the Act provides that any steel products used or supplied on a public works project in Pennsylvania must be U.S. steel products. Under the Act, a product that contains both foreign and U.S. steel qualifies as U.S. steel product “only if at least 75% […]

Can A Public Owner Recover Legal Fees From A Bidder Who Loses A Challenge To A Bid Rejection?

January 11th, 2022 (No Comments)

Can a public entity include in its bid instructions the right to recover its legal fees from a bidder if the bidder’s bid protest lawsuit is unsuccessful? In the course of providing advice recently to a client, I came across the following clause in a bidder’s qualification statement: By submission of any Bid, the bidder agrees […]

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