Cummins v. Department of Transportation

In Cummins v. Department of Transportation, 877 A.2d 550 (Pa. Cmwlth. 2005), Robert J. Cummins, d/b/a Bob Cummins Construction Company (hereafter Cummins), filed his bid protest more than seven days after it filed its original bid, which bid was rejected. Cummins asserted that his bid met the 50% threshold requirement, even though two work items had been classified with work codes that he was not prequalified to perform. Cummins argued that he was prequalified to perform "the skills/work actually involved in those work items" and that the work items should have been given multiple work code classifications by DOT to more accurately reflect the nature of the work involved. Cummins, 877 A.2d at 552. DOT asserted that the latest Cummins could have submitted his bid protest was seven days after he submitted his bid, since it was aware which work classifications it was prequalified to bid on as well as the codes/classifications that had been assigned to the work items involved in the project in that case. This Court concluded that Cummins' arguments were without merit. The Court considered that Cummins' bid protest was based upon his assertion that two of the project work items were based upon the wrong classification codes and, had they been coded correctly, Cummins would have met the prequalification requirements. The Court noted, therefore, that the relevant inquiry was when did Cummins know or when should it have known of the codes assigned to the two work items. The Court concluded that the description of each work item and its corresponding code was included in the proposal for bids published in September of 2004. The Court rejected Cummins' argument that he only needed to review the textual description of the work before bidding and not the codes and agreed with DOT that bidders are obligated to be aware of the codes when they submit their bids. Finally, this Court, because we agreed with DOT's assertion that "the seven day period specified in Section 1711.1(b) began to run at least by the time Cummins submitted his bid," did not decide if Cummins knew or should have known of the facts underlying his bid protest prior to that time. Cummins, 877 A.2d at 554-5.