HARRISBURG, PA — Pennsylvania has authorized the Pennsylvania Turnpike Commission to consider contractor qualifications, cost and delivery time when awarding construction work, replacing a lowest-bid-only approach that lawmakers argued can slow projects and increase long-term costs.
The change was enacted through Act 21 of 2026 and incorporates language based on House Bill 1608, a proposal co-authored by state Rep. Ed Neilson, chairman of the House Transportation Committee.
The law permits the commission to use design-build-best-value procurement, a process that allows contracts to be awarded based on overall value rather than price alone.
Under the previous system, public construction contracts were generally required to go to the lowest responsible bidder following a 2011 Commonwealth Court decision. That restriction limited the commission’s ability to weigh factors such as technical expertise, project scheduling and a contractor’s capacity to deliver complex work.
The new authority is intended to give the commission more flexibility when selecting firms for road and bridge projects across the Pennsylvania Turnpike system.
“We’ve seen rising costs in all walks of life, and construction is no exception,” Neilson said. “Design-build-best-value allows the most qualified teams to be awarded contracts, complete them in a timely manner and ensure Pennsylvania drivers have a safe commute without time-consuming road projects.”
Neilson argued that the procurement model has been used successfully in other states and can reduce both construction time and costs.
The legislation also drew support from state Reps. James Struzzi and Kerry Benninghoff and state Sens. Judy Ward and Marty Flynn.
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