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Pennsylvania Consolidated Statutes

62 Pa. Cons. Stat. § 513 (2026)

 Competitive sealed proposals.

✓ current as of May 2026
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§ 513.  Competitive sealed proposals.

(a)  Conditions for use.--When the contracting officer determines in writing that the use of competitive sealed bidding is either not practicable or advantageous to the Commonwealth, a contract may be entered into by competitive sealed proposals.

(b)  Request for proposals.--Proposals shall be solicited through a request for proposals.

(c)  Public notice.--Public notice of the request for proposals shall be given in the same manner as provided in section 512(c) (relating to competitive sealed bidding).

(d)  Receipt of proposals.--Offerors shall submit their proposals to ensure that their proposals are received prior to the time and date established for receipt of the proposals. Proposals shall be submitted in the format required by the request for proposals. Proposals shall be opened so as to avoid disclosure of their contents to competing offerors.

(e)  Evaluation.--The relative importance of the evaluation factors shall be fixed prior to opening the proposals. A Commonwealth agency shall invite its comptroller to participate in the evaluation as a nonvoting member of any evaluation committee. No individual who has been employed by an offeror within the preceding two years may participate in the evaluation of proposals.

(f)  Discussion with responsible offerors and revision of proposals.--As provided in the request for proposals, discussions and negotiations may be conducted with responsible offerors for the purpose of clarification and of obtaining best and final offers. Responsible offers shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals. In conducting discussions, there shall be no disclosure of any information derived from proposals submitted by competing offerors.

(g)  Selection for negotiation.--The responsible offeror whose proposal is determined in writing to be the most advantageous to the purchasing agency, taking into consideration price and all evaluation factors, shall be selected for contract negotiation.

(h)  Contract negotiation.--(Deleted by amendment).

(Dec. 3, 2002, P.L.1147, No.142, eff. imd.; Oct. 21, 2014, P.L.2517, No.149, eff. 60 days)

 

2014 Amendment.  Act 149 amended subsec. (e).

2002 Amendment.  Act 142 amended subsecs. (f) and (g) and deleted subsec. (h).

Cross References.  Section 513 is referred to in sections 106.1, 511, 517, 534, 561, 3741 of this title; section 9604 of Title 51 (Military Affairs).

Notes of Decisions
Cited in 34 cases (7 in the last 5 years), 2002–2026 · leading case: Pennsylvania Associated Builders & Contractors, Inc. v. Commonwealth Dep't of Gen. Servs., 932 A.2d 1271 (Pa. 2007).
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Pennsylvania Associated Builders & Contractors, Inc. v. Commonwealth Dep't of Gen. Servs., 932 A.2d 1271 (Pa. 2007). · cites it 15× “("ABC"), and enjoining the appellant, the Commonwealth Department of General Services ("DGS"), from using the competitive sealed proposal process set forth in Section 513 of the Commonwealth Procurement Code ("Procurement Code" or "Code"), 62 Pa.C.S. § 513, for certain future…”
Unitedhealthcare of Pa., Inc. v. Pa. Dep't of Human Servs., 187 A.3d 1046 (Pa. Commw. Ct. 2018). · cites it 5× “bsections (c) and (d), the following are exempt from access by a requester under this act: * * * (26) A proposal pertaining to agency procurement or disposal of supplies, services or construction prior to the award of the contract or prior to the opening and rejection of all…”
Omnicare, Inc. v. Dep't of Pub. Welfare, 68 A.3d 20 (Pa. Commw. Ct. 2013). · cites it 4× “Section 513 of the Code, 62 Pa.C.S. § 513, provides for a competitive sealed proposal process in situations where a competitive bidding process would not be advantageous to the Commonwealth.”
Pa. Associated Builders & Contractors, Inc. v. Commonwealth Dep't of Gen. Servs., 899 A.2d 389 (Pa. Commw. Ct. 2006). · cites it 4× “) DGS promulgated the policy pursuant to Section 513 of the Procurement Code, 62 Pa.C.S. § 513, which provides the following: Conditions for use.”
Centurylink Pub. Commc'ns, Inc. v. Dep't of Corr., 109 A.3d 820 (Pa. Commw. Ct. 2015). · cites it 4× “” 62 Pa.C.S. § 513(a). . Section 513(g) of the Procurement Code states that ”[t]he responsible offeror whose proposal is determined in writing to be the most advantageous to the purchasing agency, taking into consideration price and all evaluation factors, shall be selected for…”
Dubaskas v. Commonwealth, 81 A.3d 167 (Pa. Commw. Ct. 2013). · cites it 2× “In Pennsylvania Associated Builders, the Pennsylvania Supreme Court addressed the issue of whether Section 513 of the Code, 62 Pa.C.S. § 513, applied to construction contracts.”
J. Ali v. Philadelphia City Plan. Comm'n, 125 A.3d 92 (Pa. Commw. Ct. 2015). · cites it 2× “or construction prior to the award of the contract or prior to the opening and rejection of all bids; financial information of a bidder or offeror requested in an invitation for bid or request for proposals to demonstrate the bidder's or offeror’s economic capability; or the…”
Sci. Games Int'l, Inc. v. Commonwealth, 66 A.3d 740 (Pa. 2013). “See 62 Pa.C.S. § 513(b). 5 The plan was to replace an existing system which had been provided by Intervenor/Appellant, GTECH Corporation (with the Department of Revenue and DGS, collectively, “Appellants”).”
Common Sense Adoption Servs. v. Dep't of Pub. Welfare, 799 A.2d 225 (Pa. Commw. Ct. 2002). · cites it 2× “62 Pa. C.S. § 513(e). The RFP’in this case set forth mandatory requirements and designated Sandra Gallagher, an employee of DPW, and director of SWAN, as the project officer.”
Global TelLink Corp. v. Dep't of Corr., 109 A.3d 809 (Pa. Commw. Ct. 2015). · cites it 3× “” 62 Pa.C.S. § 513(a). . Section 513(g) of the Procurement Code states that “[t]he responsible offeror whose proposal is determined in writing to be the most advantageous to the purchasing agency, taking into consideration price and all evaluation factors, shall be selected for…”
Brayman Constr. Corp. v. Commonwealth, Dep't of Transp., 13 A.3d 925 (Pa. 2011). “PennDOT’s argument appears to be twofold: first, that it is authorized to award construction contracts by “competitive sealed proposals” under Section 513 of the Code, see 62 Pa.C.S. § 513, and second, that the Commonwealth Court should not have held that it is prohibited from…”
Premier Comp Solutions, LLC v. Dep't of Gen. Servs., 949 A.2d 381 (Pa. Commw. Ct. 2008). · cites it 2× “” 62 Pa.C.S. § 513(a). Request for proposals requires the same type of public notice that is required for competitive sealed bids.”
Show all 34 citing cases →
— 62 Pa. Cons. Stat. § 513(a) — 8 cases
Pennsylvania Associated Builders & Contractors, Inc. v. Commonwealth Dep't of Gen. Servs., 932 A.2d 1271 (Pa. 2007). “("ABC"), and enjoining the appellant, the Commonwealth Department of General Services ("DGS"), from using the competitive sealed proposal process set forth in Section 513 of the Commonwealth Procurement Code ("Procurement Code" or "Code"), 62 Pa.C.S. § 513, for certain future…”
Dubaskas v. Commonwealth, 81 A.3d 167 (Pa. Commw. Ct. 2013). “In Pennsylvania Associated Builders, the Pennsylvania Supreme Court addressed the issue of whether Section 513 of the Code, 62 Pa.C.S. § 513, applied to construction contracts.”
Premier Comp Solutions, LLC v. Dep't of Gen. Servs., 949 A.2d 381 (Pa. Commw. Ct. 2008). “” 62 Pa.C.S. § 513(a). Request for proposals requires the same type of public notice that is required for competitive sealed bids.”
Centurylink Pub. Commc'ns, Inc. v. Dep't of Corr., 109 A.3d 820 (Pa. Commw. Ct. 2015). “” 62 Pa.C.S. § 513(a). . Section 513(g) of the Procurement Code states that ”[t]he responsible offeror whose proposal is determined in writing to be the most advantageous to the purchasing agency, taking into consideration price and all evaluation factors, shall be selected for…”
Global TelLink Corp. v. Dep't of Corr., 109 A.3d 809 (Pa. Commw. Ct. 2015). “” 62 Pa.C.S. § 513(a). . Section 513(g) of the Procurement Code states that “[t]he responsible offeror whose proposal is determined in writing to be the most advantageous to the purchasing agency, taking into consideration price and all evaluation factors, shall be selected for…”
— 62 Pa. Cons. Stat. § 513(b) — 3 cases
Pennsylvania Associated Builders & Contractors, Inc. v. Commonwealth Dep't of Gen. Servs., 932 A.2d 1271 (Pa. 2007). “("ABC"), and enjoining the appellant, the Commonwealth Department of General Services ("DGS"), from using the competitive sealed proposal process set forth in Section 513 of the Commonwealth Procurement Code ("Procurement Code" or "Code"), 62 Pa.C.S. § 513, for certain future…”
Sci. Games Int'l, Inc. v. Commonwealth, 66 A.3d 740 (Pa. 2013). “See 62 Pa.C.S. § 513(b). 5 The plan was to replace an existing system which had been provided by Intervenor/Appellant, GTECH Corporation (with the Department of Revenue and DGS, collectively, “Appellants”).”
Reading Blue Mountain & N. R.R. v. Seda-Cog Jt. Rail Auth. (Pa. Commw. Ct. 2020).
— 62 Pa. Cons. Stat. § 513(c) — 2 cases
Stanton-Negley Drug Co. v. Dep't of Pub. Welfare, 943 A.2d 377 (Pa. Commw. Ct. 2008).
Premier Comp Solutions, LLC v. Dep't of Gen. Servs., 949 A.2d 381 (Pa. Commw. Ct. 2008). “” 62 Pa.C.S. § 513(a). Request for proposals requires the same type of public notice that is required for competitive sealed bids.”
— 62 Pa. Cons. Stat. § 513(d) — 1 case
Reading Blue Mountain & N. R.R. v. Seda-Cog Jt. Rail Auth. (Pa. Commw. Ct. 2020).
— 62 Pa. Cons. Stat. § 513(e) — 3 cases
Common Sense Adoption Servs. v. Dep't of Pub. Welfare, 799 A.2d 225 (Pa. Commw. Ct. 2002). “62 Pa. C.S. § 513(e). The RFP’in this case set forth mandatory requirements and designated Sandra Gallagher, an employee of DPW, and director of SWAN, as the project officer.”
Omnicare, Inc. v. Dep't of Pub. Welfare, 68 A.3d 20 (Pa. Commw. Ct. 2013). “Section 513 of the Code, 62 Pa.C.S. § 513, provides for a competitive sealed proposal process in situations where a competitive bidding process would not be advantageous to the Commonwealth.”
Gateway Health Plan, Inc. v. Dep't of Human Servs., 172 A.3d 700 (Pa. Commw. Ct. 2017).
— 62 Pa. Cons. Stat. § 513(f) — 10 cases
Centurylink Pub. Commc'ns, Inc. v. Dep't of Corr., 109 A.3d 820 (Pa. Commw. Ct. 2015). “” 62 Pa.C.S. § 513(a). . Section 513(g) of the Procurement Code states that ”[t]he responsible offeror whose proposal is determined in writing to be the most advantageous to the purchasing agency, taking into consideration price and all evaluation factors, shall be selected for…”
Language Line Servs., Inc. v. Dep't of Gen. Servs., 991 A.2d 383 (Pa. Commw. Ct. 2010).
Global TelLink Corp. v. Dep't of Corr., 109 A.3d 809 (Pa. Commw. Ct. 2015). “” 62 Pa.C.S. § 513(a). . Section 513(g) of the Procurement Code states that “[t]he responsible offeror whose proposal is determined in writing to be the most advantageous to the purchasing agency, taking into consideration price and all evaluation factors, shall be selected for…”
UnitedHealthcare of PA, Inc. v. DHS (Pa. Commw. Ct. 2018).
Vista Health Plan, Inc. v. DHS (Pa. Commw. Ct. 2018).
— 62 Pa. Cons. Stat. § 513(g) — 13 cases
Unitedhealthcare of Pa., Inc. v. Pa. Dep't of Human Servs., 187 A.3d 1046 (Pa. Commw. Ct. 2018). “bsections (c) and (d), the following are exempt from access by a requester under this act: * * * (26) A proposal pertaining to agency procurement or disposal of supplies, services or construction prior to the award of the contract or prior to the opening and rejection of all…”
Pennsylvania Associated Builders & Contractors, Inc. v. Commonwealth Dep't of Gen. Servs., 932 A.2d 1271 (Pa. 2007). “("ABC"), and enjoining the appellant, the Commonwealth Department of General Services ("DGS"), from using the competitive sealed proposal process set forth in Section 513 of the Commonwealth Procurement Code ("Procurement Code" or "Code"), 62 Pa.C.S. § 513, for certain future…”
UnitedHealthcare of Pennsylvania, Inc. v. Dep't of Human Servs., 172 A.3d 98 (Pa. Commw. Ct. 2017).
Omnicare, Inc. v. Dep't of Pub. Welfare, 68 A.3d 20 (Pa. Commw. Ct. 2013). “Section 513 of the Code, 62 Pa.C.S. § 513, provides for a competitive sealed proposal process in situations where a competitive bidding process would not be advantageous to the Commonwealth.”
Centurylink Pub. Commc'ns, Inc. v. Dep't of Corr., 109 A.3d 820 (Pa. Commw. Ct. 2015). “” 62 Pa.C.S. § 513(a). . Section 513(g) of the Procurement Code states that ”[t]he responsible offeror whose proposal is determined in writing to be the most advantageous to the purchasing agency, taking into consideration price and all evaluation factors, shall be selected for…”
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