Philips Bros. Electrical Contractors, Inc. v. Pennsylvania Turnpike Commission

OPINION BY

Judge SIMPSON.

We are asked whether a prospective bidder may file a bid protest under the Commonwealth Procurement Code1 one year prior to the contracting agency’s anticipated solicitation of bids. The Pennsylvania Turnpike Commission (Contracting Agency) denied the bid protest of Philips Brothers Electrical Contractors, Inc. (Prospective Bidder), which challenged the Agency’s determination that a proposed new turnpike maintenance facility is not a public building subject to the Separations Act.2 Contracting Agency determined the *943bid protest was not ripe for review. It also concluded…