Jurisdiction Clarification For Pa. Gov't Contract Disputes

Law360, New York (April 29, 2013, 12:34 PM EDT) -- The Pennsylvania Supreme Court recently confirmed the absolute right of commonwealth agencies to withdraw solicitations for contracts, as well as the exclusive jurisdiction of the Board of Claims to hear disputes over contracts with the commonwealth once executed. In Scientific Games International Inc. v. Commonwealth of Pennsylvania, the court held that the Procurement Code gives commonwealth agencies essentially unfettered discretion to withdraw a solicitation for bids or requests for proposal prior to the awarding of a contract, and that the decision to withdraw the solicitation is not subject to legal challenge. The court further held that once a contract is executed, the Board of Claims has exclusive jurisdiction over any claims arising out of the contract....

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