GTECH Corp. v. Commonwealth, Dept. of Revenue
965 A.2d 1276 (Pa. Commw. 2009)

The Commonwealth Court of Pennsylvania considered whether the Pennsylvania Procurement Code provides the exclusive remedy for aggrieved bidders to challenge the procedure and outcome of bidding contests in the context of a procurement for the Pennsylvania Lottery. The Court found that while the Procurement Code provides an exclusive remedy for substantive challenges (i.e., a general right of protest to an offeror who is aggrieved in connection with the solicitation or award of a contract), it did not provide a remedy for procedural challenges.Continue Reading Pennsylvania Commonwealth Court Holds Procurement Code Provides Exclusive Remedy for Substantive Challenges to Agency’s Contract Award, But Equitable Judicial Remedies Are Available Where Agency Deviates from Statutory Protest Procedures