Senate Bill 1377 Printer's Number 1798

PENNSYLVANIA, June 9 - (i) the ATC is deemed to take advantage of an error

or omission or reveals an area or discrepancy where a

clarification may be warranted in the request for

proposal or contract documents, which may be subsequently

amended by the commission in its sole discretion;

(ii) cancellation of the procurement without

selection of an offeror and upon an executed agreement

for payment to an offeror in accordance with subsection

(n) or (o);

(iii) the effective date of the contract as a result

of the procurement or upon an executed agreement for

payment to an unsuccessful offeror in accordance with

subsection (n) or (o); or

(iv) another date as may be prescribed under

applicable law, at which time all confidentiality rights,

if any, shall be of no further force and effect except as

otherwise allowed under the applicable law.

(2) An unsuccessful offeror's ATC is not a public record

subject to inspection and duplication under the act of

February 14, 2008 (P.L.6, No.3), known as the Right-to-Know

Law, unless the commission enters into an agreement with an

unsuccessful offeror for payment of the ATC.

(3) Except to the extent not transferable by law, the

commission may use all or a portion of a submitted proposal

and ATC, including the technologies, techniques, methods,

processes and information contained in the proposal or ATC,

with an agreement for payment of the ATC. Notice of

nontransferability by law shall be given to the commission in

response to the request for proposals or submittal of the

ATC.

20260SB1377PN1798 - 9 -

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