A. Pickett Construction, Inc. v. Luzerne County Convention Center Authority

In A. Pickett Construction, Inc. v. Luzerne County Convention Center Authority, 738 A.2d 20 (Pa. Cmwlth. 1999) the Court was asked to consider whether the Luzerne County Convention Center Authority (Authority) violated the lowest responsible bidder laws by requiring the successful bidder for its Project to enter into a PLA. The Court noted that: (1) the issue boils down to whether the PLA requirement relates to the "responsibility" of the bidders within the meaning of the lowest responsible bidder language; (2) the question of who is the lowest responsible bidder is one for the sound discretion of the Authority; (3) the lowest responsible bidder is not necessarily the one whose bid on its face is the lowest in dollars; and (4) bidder "responsibility" includes financial responsibility, integrity, efficiency, industry, experience, promptness and the ability to successfully carry out the particular undertaking. The Court held that, because the PLA requirement relates to the need for prompt completion of the Project, the Authority did not abuse its discretion by including such a requirement. Given the undisputed critical need for timely completion of the Project, the Authority acted fully within its discretion by including as a necessary component in its assessment of the "responsibility" of the lowest bidder, the ability to assure prompt completion of the Project and in furtherance of that goal to require bidders to agree to sign the PLA. Id. at 24.