legally disqualifying error (Pennsylvania) · Go Syfert
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legally disqualifying error in Pennsylvania

6 Pennsylvania opinions name it 1 courts 2004–2023 2 in the last five years

The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Glasgow, Inc. v. Pennsylvania Department of Transportationgreen
pacommwct · 2004 · cited in 5 Pennsylvania opinions naming this issue, 2018–2023
2 sentences

2023See id. at 1034 ; see also Glasgow, 851 A.2d at 1017 (“Where specifications set forth in a bidding document are mandatory, they must be strictly followed for the bid to be valid, and a violation of those mandatory bidding instructions constitutes a legally disqualifying error for which a public agent may reject a bid.”) (emphasis added). 8 In this case, the IFB provided that to be eligible for selection, a bid must be both timely received and properly signed by the bidder.

2020“Where specifications set forth in a bidding document are mandatory, they must be strictly followed for the bid to be valid, and a violation of those mandatory bidding instructions constitutes a legally disqualifying error for which a public agent may reject a bid.” Ctr. for Climate Strategies, Inc., 194 A.3d at 744 (quoting Glasgow, Inc., 851 A.2d at 1017 (citation omitted)).

35
Cardiac Science, Inc. v. Department of General Servicesgreen
pacommwct · 2002 · cited in 1 Pennsylvania opinions naming this issue, 2023–2023
1 sentence

2023See id. at 1034 ; see also Glasgow, 851 A.2d at 1017 (“Where specifications set forth in a bidding document are mandatory, they must be strictly followed for the bid to be valid, and a violation of those mandatory bidding instructions constitutes a legally disqualifying error for which a public agent may reject a bid.”) (emphasis added). 8 In this case, the IFB provided that to be eligible for selection, a bid must be both timely received and properly signed by the bidder.

11
Kimmel v. Lower Paxton Townshipgreen
pacommwct · 1993 · cited in 1 Pennsylvania opinions naming this issue, 2004–2004
2 sentences

2004Kimmel v. Lower Paxton Township, 159 Pa.Cmwlth. 475 , 633 A.2d 1271, 1275 (1993).

2004Kimmel v. Lower Paxton Township, 159 Pa.Cmwlth. 475 , 633 A.2d 1271, 1275 (1993).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Ctr. for Climate Strategies, Inc. v. Dep't of Envtl. Prot. green
pacommwct · 2018
2 sentences

2020“Where specifications set forth in a bidding document are mandatory, they must be strictly followed for the bid to be valid, and a violation of those mandatory bidding instructions constitutes a legally disqualifying error for which a public agent may reject a bid.” Ctr. for Climate Strategies, Inc., 194 A.3d at 744 (quoting Glasgow, Inc., 851 A.2d at 1017 (citation omitted)).

2020“Bids that fail to conform to all mandatory requirements and criteria contained in an invitation for bids are non-responsive to the invitation.” Ctr. for Climate Strategies, Inc., 194 A.3d at 745 . 16 Here, the IFB’s 20% self-performance and 10% DBE participation requirements were mandatory.

12020–2020

Statutes the citing opinions construe

PA § 62 Pa. Cons. Stat. § 1711.1 (6) PA § 62 Pa. Cons. Stat. § 103 (5) PA § 62 Pa. Cons. Stat. § 512 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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