Cummins v. Department of Transportation

OPINION BY Judge LEADBETTER.

Robert J. Cummins, d/b/a Bob Cummins Construction Co., appeals from the determination of the Secretary of the Department of Transportation, denying his bid protest on the basis that it was untimely. 1 Section 1711.1(b) of the Procurement Code (Code), 62 Pa.C.S. § 1711.1(b), requires a bidder or prospective contractor on a Department project to file his protest “within seven days after the aggrieved bidder or ... prospective contractor knew or should have known of the facts giving rise to the protest....” On appeal, we are asked to determine when, as a matter of…