In GTECH Corporation v. Department of Revenue, 965 A.2d 1276 (Pa. Cmwlth. 2009), the Department of Revenue failed to take immediate action on the bid protest and failed to stay contract negotiations pursuant to Section 1711.1(k) of the Procurement Code, 62 Pa. C.S. 1711.1(k), which requires a stay of the procurement proceeding upon filing of a protest "unless and until the head of the purchasing agency ... makes a written determination that the protest is clearly without merit or that award of the contract without delay is necessary to protect substantial interests of the Commonwealth." The GTECH Court held that: "An agency cannot invoke the exception when its own violation of the Procurement Code, i.e., its failure to act promptly on the bid protest, has caused the need for the exception." GTECH, 965 A.2d at 1287.