The commission met with staff of the Department of General

Services (DGS) and the Department of Transportation (PennDOT) to gather background

on current practices relating to unsolicited proposals, to obtain their views on how

effective those practices are and what changes, if any, they believed needed to be made to

the procurement statutes.

Three primary goals of procurement policy have been identified: equity, integrity,

and economy and efficiency. Expanded receptiveness to unsolicited proposals may

promote equity by opening state procurement to providers who have not previously

contracted with the Commonwealth. Economy and efficiency may be enhanced by

bringing unique and innovative proposals to the attention of procurement officials. The

options provided by such proposals may enhance discretion in the system at a time when

government procurement policies throughout the nation have been criticized for their

rigidity. At the same time, evaluation of unsolicited proposals can draw staff time away

from other activities. Furthermore, contracts originating from unsolicited proposals raise

some concerns because of the potential for bid-rigging, especially when the proposal

results in a sole-source contract.

This study was mandated by 2005 House Resolution No. 391, which directed the

Joint State Government Commission “to study the ways in which the Commonwealth’s

procurement laws may be changed to allow citizens, businesses and public and private

universities and colleges to make unsolicited proposals to Commonwealth agencies,

boards and commissions.”