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PHILIPS BROS. CONTRACTORS v. PA TPKE. COM'N

No. 318 C.D. 2008.

960 A.2d 941 (2008)

PHILIPS BROTHERS ELECTRICAL CONTRACTORS, INC., Petitioner v. PENNSYLVANIA TURNPIKE COMMISSION, Respondent.

Commonwealth Court of Pennsylvania.

Decided November 24, 2008.

Attorney(s) appearing for the Case

Barbara Sumple-Sullivan, New Cumberland, for petitioner.

Shanon S. Levin, Philadelphia, for respondent.

BEFORE: SMITH-RIBNER, Judge, and SIMPSON, Judge, and KELLEY, Senior Judge.

OPINION BY Judge SIMPSON.

We are asked whether a prospective bidder may file a bid protest under the Commonwealth Procurement Code1 one year prior to the contracting agency's anticipated solicitation of bids. The Pennsylvania Turnpike Commission (Contracting Agency) denied the bid protest of Philips Brothers Electrical Contractors, Inc. (Prospective Bidder), which challenged the Agency's determination that a proposed new turnpike...

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