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CUMMINS v. DEPARTMENT OF TRANSP.

877 A.2d 550 (2005)

Robert J. CUMMINS d/b/a Bob Cummins Construction Co., Petitioner v. DEPARTMENT OF TRANSPORTATION, Respondent.

Commonwealth Court of Pennsylvania.

Decided June 20, 2005.

Attorney(s) appearing for the Case

Gregory A. Henry, Bradford, for petitioner.

Christopher F. Wilson, Asst. Counsel, Harrisburg, for respondent.

BEFORE: McGINLEY, J., LEADBETTER, J., and JIULIANTE, Senior Judge.

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...

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