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Pennsylvania Consolidated Statutes

62 Pa. Cons. Stat. § 3911 (2026)

 Time for awarding contract.

✓ current as of May 2026
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SUBCHAPTER B

GENERAL PROVISIONS

 

Sec.

3911.  Time for awarding contract.

3912.  Time for executing contract.

3913.  Release of successful bidder.

§ 3911.  Time for awarding contract.

(a)  General rule.--In the case of a contract to be entered into by a government agency through competitive sealed bidding, the contract shall be awarded to the lowest responsible and responsive bidder within 60 days of the bid opening, or all bids shall be rejected except as otherwise provided in this section.

(b)  Delay.--If the award is delayed by the required approval of another government agency, the sale of bonds or the award of a grant, the contract shall be awarded to the lowest responsible and responsive bidder within 120 days of the bid opening, or all bids shall be rejected.

(c)  Extensions.--Extensions of the date for the award may be made by the mutual written consent of the government agency and the lowest responsible and responsive bidder.

(d)  List of bidders.--All government agencies shall be required to provide a list of the bidders and their bid amount on each contract within ten working days of the bid opening to interested parties for a fee to be determined by the government agency to cover the cost of developing such list. This requirement shall not apply to the contracting bodies of any political subdivision or local authority which has the authority to enter into a contract.

(e)  Contract negotiation.--When the amount of the bid submitted by the lowest responsive and responsible bidder for a Department of General Services construction contract exceeds the verifiable contract allocation established by the Department of General Services for the contract, the department may, prior to awarding the contract, negotiate the price, work items and time requirements for the contract with the lowest responsive and responsible bidder to bring the bid within the established contract allocation.

(Dec. 3, 2002, P.L.1147, No.142, eff. imd.)

 

2002 Amendment.  Act 142 added subsec. (e).

Cross References.  Section 3911 is referred to in section 3913 of this title.

Notes of Decisions
Cited in 5 cases, 2008–2020 · leading case: Allan Myers, L.P. v. Dep't of Transp., 202 A.3d 205 (Pa. Commw. Ct. 2019).
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Allan Myers, L.P. v. Dep't of Transp., 202 A.3d 205 (Pa. Commw. Ct. 2019). “62 Pa. C.S. § 3911(a). Section 3102 defines a "government agency" as "[a]ny Commonwealth agency, any transportation authority or agency created by statute or any political subdivision or municipal or other local authority, or agency of any political subdivision or local…”
Sossong v. Shaler Area Sch. Dist., 945 A.2d 788 (Pa. Commw. Ct. 2008). “Sossong argues that Pickett is inapplicable because it was decided prior to the effective date of section 3911(a) of the Commonwealth Procurement Code (Code), 62 Pa.C.S. § 3911(a), which requires that government agencies award contracts to the lowest responsible bidders.”
Mar-Paul Co. v. Jim Thorpe Area Sch. Dist., 7 Pa. D. & C.5th 387 (2008). “Although Mar-Paul and Popple complain that this delay further shortened the construction period for the August 1,2003 deadline, this delay was foreseeable. By statute, public work contracts must be awarded within 60 days of the date of the bid opening and executed within 60 days…”
Road-con, Inc. v. The City of Philadelphia (E.D. Pa. 2020). · cites it 2× “By contrast 62 Pa. Cons. Stat. § 3911 may be applicable to this case, but was not referenced in Plaintiffs’ Complaint.”
Reading Blue Mountain & N. R.R. v. Seda-Cog Jt. Rail Auth. (Pa. Commw. Ct. 2020). “62 Pa.C.S. § 3911(a). 4 the Authority from continuing with the RFP process until the merits of the case were decided.”
— 62 Pa. Cons. Stat. § 3911(a) — 4 cases
Allan Myers, L.P. v. Dep't of Transp., 202 A.3d 205 (Pa. Commw. Ct. 2019). “62 Pa. C.S. § 3911(a). Section 3102 defines a "government agency" as "[a]ny Commonwealth agency, any transportation authority or agency created by statute or any political subdivision or municipal or other local authority, or agency of any political subdivision or local…”
Sossong v. Shaler Area Sch. Dist., 945 A.2d 788 (Pa. Commw. Ct. 2008). “Sossong argues that Pickett is inapplicable because it was decided prior to the effective date of section 3911(a) of the Commonwealth Procurement Code (Code), 62 Pa.C.S. § 3911(a), which requires that government agencies award contracts to the lowest responsible bidders.”
Mar-Paul Co. v. Jim Thorpe Area Sch. Dist., 7 Pa. D. & C.5th 387 (2008). “Although Mar-Paul and Popple complain that this delay further shortened the construction period for the August 1,2003 deadline, this delay was foreseeable. By statute, public work contracts must be awarded within 60 days of the date of the bid opening and executed within 60 days…”
Reading Blue Mountain & N. R.R. v. Seda-Cog Jt. Rail Auth. (Pa. Commw. Ct. 2020). “62 Pa.C.S. § 3911(a). 4 the Authority from continuing with the RFP process until the merits of the case were decided.”
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