Employers Ins. of Wausau v. Department of Transportation

In Employers Ins. of Wausau v. Department of Transportation, 581 Pa. 381, 393, 865 A.2d 825, 832-833 (2005) (Wausau), the court held that under the Board of Claims Act "claims arising from contracts involving the Commonwealth could sound in both assumpsit and equity, and ... regardless of form, these claims should be decided by the Board of Claims." Also, the court noted that Section 1724(a)(1) of the Procurement Code replaced Section 4 of the Board of Claims Act and that they are substantively identical. Under Wausau the Board's jurisdictional provisions must be construed broadly, and under Section 1702(b) of Procurement Code sovereign immunity is waived as a bar to claims brought pursuant to provisions in Chapter 17 ("Legal and Contractual Remedies"). See n.3. Viewing Chapter 17's remedial provisions as a whole and having examined what surrounds the term "contract" in Chapter 17, the Court cannot accept the premise that the definition of "contract" in Section 103 applies to Chapter 17 provisions. The definition is incompatible with the remedial provisions of Sections 1711.1(a), 1711.2(1), 62 Pa. C.S. 1711.1(a), 1711.2(1). Section 1711.1(a) provides that a bidder or prospective bidder who is aggrieved in connection with the solicitation or an award of a contract may protest to the head of the purchasing agency. Section 1711.2(1) provides that if the head of a purchasing agency determines that a solicitation or an award of a contract is contrary to law then the agency head may cancel or revise the solicitation or award of a contract if that determination is made prior to execution of a contract.