Project Information

Bid Title

Expired Restaurant Liquor License Excess Auction

Issuing Agency

State Government of Pennsylvania

Location

Pennsylvania

Published Date

Apr 16, 2026

Closing Date

Jun 15, 2026

Government Level

State & Local

Status

Closed

Ref. #

260380

Original Source

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Bid Inquiries

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Bid Documents

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Project Description

General Information
Department for this solicitation:	Procurement
Date Prepared:	04/16/26	Types:	IFB
Advertisement Type:	Service Materials Service & Materials PW Construction Agency Construction Real Estate
Solicitation/Project#:	260380	Solicitation/Project Title:	EXPIRED RESTAURANT LIQUOR LICENSE EXCESS AUCTION
Description:	The Pennsylvania Liquor Control Board (PLCB) is accepting bids for the rights to file transfer applications for certain expired restaurant liquor licenses that have not received bids during a previous auction as set forth in this Invitation for Bids #260380 (IFB) and in conformity with Section 470.3(l) of the Pennsylvania Liquor Code.  47 P.S. § 4-470.3(l).

Department Information
Department/Agency:	Liquor Control Board	Delivery Location:	Plcb Northwest Office Building  910 Capital Street  Harrisburg  Pa 17124
County:	Multiple	Duration:	UNTIL JUNE 15, 2026

Contact Information
First Name:	James	Last Name:	Krammes
Phone Number: (XXX-XXX-XXXX)	717-257-6164	Email:	jakrammes@PA.GOV

Solicitation Information
Bids must be received by the purchasing agency on the Solicitation Due Date no later than the Solicitation Due Time as set forth in the solicitation. Any conflict between the dates and/or times contained in the solicitation itself or its attachments and this advertisement shall be resolved in favor of the solicitation.
Solicitation Start Date:	04/16/26
Solicitation Due Date:	06/15/26	Solicitation Due Time:	12:00 PM
Solicitation Opening Date:	06/17/26	Solicitation Opening Time:	9:00 AM
Opening Location:	Northwest Office Building Room 113 Harrisburg Pa 17124
No. of Addendums:	0
Amended Date:	04/16/26

Related Solicitation Files

Original Files IFB 260380 EXCESS Auction 15 - FINAL.docx

Attachment Preview

LIQUOR CONTROL BOARD

INVITATION FOR BIDS #260380

EXPIRED RESTAURANT LIQUOR LICENSE EXCESS AUCTION

Calendar of Events
IFB #260380 posted on http://www.emarketplace.state.pa.us/	Thursday, April 16, 2026
Questions due via email only to Issuing Officer at RA-LBLicenseAuction@pa.gov	Thursday May 7, 2026 at 12:00 p.m. ET
Answers to be posted by Issuing Officer to http://www.emarketplace.state.pa.us/	Thursday, May 14, 2026 at 3:00 p.m. ET
Deadline for bid withdrawal via email only to Issuing Officer at RA-LBLicenseAuction@pa.gov	Monday, June 15, 2026, at 10:00 a.m. ET
Bids due to Issuing Officer at: PLCB Purchasing & Contract Administration Northwest Office Building, Room 312 Harrisburg, PA 17124-0001	Monday, June 15, 2026, at 12:00 p.m. ET
Public bid opening at: Northwest Office Building Room 113 Harrisburg, PA 17124	Wednesday, June 17, 2026, at 9:00 a.m. ET
Public posting of highest bids on http://www.emarketplace.state.pa.us/	Within two business days of tabulation of all license bids
Payment in full of awarded bid amount to PLCB via ACH debit or wire transfer	No later than 30 calendar days from date of Issuing Officer’s Notice of Selection

Licenses To Be Auctioned
License Auction #	County	Municipality	Expired License #
440E	ARMSTRONG	LEECHBURG	R-678
441E	CAMBRIA	JOHNSTOWN	R-11058
442E	CAMERON	SHIPPEN TWP	R-11075
443E	GREENE	CUMBERLAND TWP	R-6208
444E	NORTHUMBERLAND	SHAMOKIN	R-15884
445E	SOMERSET	CONEMAUGH TWP	R-14193
446E	SULLIVAN	LAPORTE	R-14862
447E	WARREN	SHEFFIELD TWP	R-11962
448E	WASHINGTON	SMITH TWP	R-8853
449E	WESTMORELAND	VANDERGRIFT	R-16723

UNAVAILABLE COUNTIES

The following counties have met the annual limitation for Excess Auction Transfers. Licenses awarded during this Excess Auction CANNOT be transferred into these counties:

NONE. ALL COUNTIES REMAIN AVAILABLE AT THIS TIME.

OVERVIEW

Pursuant to section 470.3(l) of the Liquor Code, the Pennsylvania Liquor Control Board (PLCB) is holding a special auction, officially referred to as an “excess auction,” for licenses that have not received bids during a previous auction. 47 P.S. § 4-470.3(l). As further discussed in the Legal Specifications and Requirements section below, licenses awarded during an excess auction are also eligible for a one-time cross-county transfer. 47 P.S. § 4-470.3(l)(2). Excess auction winners may request to transfer each license to another county as set forth in this Invitation for Bids #260380 (IFB) and in conformity with section 470.3 of the Pennsylvania Liquor Code. 47 P.S. § 4-470.3. No more than two licenses shall be transferred into the same county, in the same calendar year, as the result of an excess auction. 47 P.S. § 4-470.3(l)(5)-(6). When multiple transfer requests are received for transfers into the same county, the PLCB is required to give priority to the applicants who submitted the highest winning bid amounts for their respective licenses. Id.

ISSUING OFFICE

This IFB is issued by the PLCB, Purchasing and Contract Administration Division, Room 212, Northwest Office Building, Harrisburg, PA 17124-0001; email: RA-LBLicenseAuction@pa.gov . James Krammes is the Issuing Officer and the sole point of contact at the PLCB for this IFB.

LEGAL SPECIFICATIONS AND REQUIREMENTS

Pursuant to section 470.3 of the Liquor Code, 47 P.S. § 4-470.3, the PLCB may auction restaurant liquor licenses that have not been renewed under section 470 of the Liquor Code, 47 P.S. § 4-470; have been revoked under section 471 of the Liquor Code, 47 P.S. § 4-471; or have failed to meet the safekeeping requirements under section 474.1 the Liquor Code, 47 P.S. § 4-474.1. To date, the PLCB has conducted 14 regular Restaurant Liquor License Auctions under this authority.

Act 56 of 2025, which became effective on February 20, 2026, further authorized the PLCB to hold “excess auctions” for restaurant liquor licenses that were previously offered for sale by the PLCB during a regular license auction but received no qualifying bids. 47 P.S. § 4-470.3(l)(1). Through an excess auction, the highest bidder for each license, or their designated assignee, shall have the right to apply to transfer and use such license at its current location, at a different location within the same municipality, or at a different location in another municipality within the same county or a different county. 47 P.S. § 4-470.3(l). Thus, unlike regular license auctions conducted by the PLCB, licenses offered for sale as part of an excess auction are not subject to the typical quota limitations found in section 461 of the Liquor Code, 47 P.S. § 4-461, and are instead eligible to be transferred one time for use in a different county, regardless of the original location of the licensed premises. 47 P.S. § 4-470.3(l)(2).

If the Selected Bidder, or their designated assignee, wishes to transfer the license from its original location to a new location in a different municipality, they must obtain approval from the governing body of the municipality where the license will be transferred and include such municipal approval with their transfer application. If the license is to be transferred for use in a municipality in a different county, such transfer is also subject to a transfer fee of $50,000 for transfers into counties of the first through fourth classes, or $25,000 for transfers into counties of the fifth through eighth classes. 47 P.S. § 4-470.3(l)(4). If the license is to be transferred for use at the current location, a different location in the same municipality, or a location in a different municipality in the same county, such transfer will not be subject to the transfer fees set forth above but remain subject to any other filing fees regularly assessed by the Bureau of Licensing when processing transfer applications. All transfer applications remain subject to PLCB review and approval. Being selected as a winning bidder for a license in an excess auction does not guarantee that the Selected Bidder, or their designated assignee, will be approved for licensure.

Pursuant to section 470.3(l) of the Liquor Code, the PLCB is prohibited from approving more than two excess auction license transfers into the same county in the same calendar year. 47 P.S. § 4-470.3(l)(5)-(6). Moreover, when multiple transfer requests are received for transfers into the same county, the PLCB is required to give priority to the applicants who submitted the highest winning bid amounts for their respective licenses. Id.

If a license awarded as part of an excess auction is transferred for use in a municipality located in a different county than where it originated, the license may not be transferred from the receiving municipality in that county for a period of five years after the date the licensed premises becomes operational. 47 P.S. § 4-470.3(k). Additionally, although a license that changes counties becomes transferable within the new county after five years, the Liquor Code does not provide any authority allowing such license to be subsequently transferred back into the originating county or to a different new county. Therefore, the option to transfer the license across counties is a one-time opportunity.

No bid lower than $25,000.00 shall be accepted for any license offered as part of an excess auction. 47 P.S. § 4-470.3(g). The Selected Bidder shall pay to the PLCB the full bid amount as set forth in the Notice of Selection letter no later than 30 calendar days from the date of the Issuing Officer’s Notice of Selection. 47 P.S. § 4-470.3(h). Payment must be made by ACH debit or wire transfer. Wire transfers are subject to a $15.00 processing fee, which must accompany the full bid amount when submitted. Bank details will be provided to Selected Bidders in the Notice of Selection. The Selected Bidder for each excess auction license, or their designated assignee, must file a transfer application with the PLCB’s Bureau of Licensing via PLCB+ within six months of the date of the Notice of Selection. 47 P.S. § 4-470.3(i).

If a Bidder, or their designated assignee, plans to file a transfer application to use the license in a different county, it must indicate the same on its Bid Sheet at the time of bid submission. Bidders may list up to five preferred transfer counties, in order of preference, on their Bid Sheets. Selected Bidders, or their designated assignees, will not be permitted to file a transfer application for a county that was not identified on the submitted Bid Sheet for that license. If a Bidder, or their designated assignee, plans to file a transfer application to use the license in the current county and has no intention of pursuing a transfer of the license to a different county, then that must also be indicated on the Bid Sheet. Preferred transfer county designations included on submitted Bid Sheets will be used by the PLCB’s Bureau of Licensing when evaluating transfer applications and determining the priority to be given to applicants when multiple transfer applications are submitted for the same counties. Failure to provide any county selection information on the Bid Sheet will result in disqualification of the Bid.

If a Bidder is awarded the right to file transfer applications for more than one license as part of the same excess auction, payment for each such license must be remitted separately, with reference made to the relevant License Auction Number (for example, License Auction # 440E). Lump sum payments for multiple licenses are not acceptable. Receipt of the full bid payment does not constitute the approval of a liquor license.

Once payment has been made, the Selected Bidder is required to send an email notification of same to RA-LBLicenseAuction@pa.gov . This email notification must reference the Restaurant Liquor License Number (for example, License R-12345). The Selected Bidder’s receipt of payment will be confirmed by the PLCB in writing with instructions on how to file a transfer application.

If the Selected Bidder fails to remit the full bid amount within the time allotted, the Notice of Selection will be rescinded, and the next highest responsive Bidder for that license will be awarded the right to file a transfer application for the license, which right also remains conditioned upon the PLCB’s timely receipt of full bid payment. Id. Failure to timely remit the full bid amount will result in forfeiture of the bid surety as further explained herein. If there are no other qualified responsive bids for the license at issue, that license will be returned to the list of excess expired licenses to be made available at future excess auctions.

Notwithstanding the above, the PLCB reserves the right, at its sole discretion, to refund the bid surety upon receipt of adequate documentary evidence that the failure to comply with this application requirement was due to circumstances beyond the control of the Selected Bidder. Please note that the bid surety will be forfeited in any circumstance involving an attempt to transfer a license when such transfer is clearly prohibited by the Liquor Code or the PLCB’s Regulations. By way of example only, this would include an attempt to transfer a license into a “dry” municipality. See e.g., 47 P.S. § 4-472. Therefore, Bidders at all times remain responsible for exercising reasonable due diligence as to any license they are bidding on. The PLCB’s decisions regarding forfeiture of bid sureties shall be final.

The transfer application shall be processed by the PLCB in the same manner as any other transfer application and shall be subject to the same restrictions as any other transfer application. However, none of the excess licenses being auctioned are encumbered with existing conditional licensing agreements, inherited municipal transfer restrictions, initial quota restrictions, or pending citations, fines, or suspensions. If the auctioned license was subject to any unpaid fines, unserved suspensions, liens and/or judgments accrued by the previous license holder at the time the license expired, then such fines, suspensions, liens and/or judgments are rendered null and void. Furthermore, the Selected Bidder or their designated assignee will not be required to supply any information about or secure any information from the previous license holder as part of the transfer application process. 47 P.S. § 4-470.3(j).

As provided in the Liquor Code, the PLCB shall only approve the transfer of a license under this section to a municipality other than the municipality in which the expired license last operated if such transfer is first approved by the governing body of the receiving municipality. 47 P.S. §§ 4-461(b.3), 4-470.3(i). Again, Selected Bidders are not required to transfer a license sold at an excess auction to a different municipality within the same county or another county. The license can be used at the current location, at a different location within the same municipality, or a location in another municipality in the same county or a different county, subject to the applicable fees previously set forth above. Selected Bidders are strongly encouraged to seek municipal approval as soon as possible following receipt of the Notice of Selection, as failure to do so may be grounds for forfeiture of bid surety.

A person or entity that would be precluded from acquiring a license due to prohibited interlocking business interests, or due to not being of good repute, may not apply for a license transfer and the PLCB shall reject any transfer application submitted by that person or entity. 47 P.S. §§ 1-102, 4-404, 4-411, 4-438(c), 4-443 and 4-470.3(f); 40 Pa. Code §§ 1.5, 5.23. Failure of a Selected Bidder to comply with these requirements results in forfeiture of the bid surety, rescission of the Notice of Selection, and the excess license will be made available for bid at a future excess auction.

Individuals or entities considering participation in this IFB are encouraged to seek private counsel experienced in Pennsylvania liquor law to ensure eligibility. Due to the potential for conflicts of interest or other appearances of impropriety, the PLCB cannot provide legal advice to Bidders; however, the following general guidance is offered.

Interlocking Business Interests. The Liquor Code prohibits a person or entity from possessing more than one class of license. 47 P.S. § 4-438(c). Thus, the holder of a distributor or importing distributor license may not also hold a restaurant license. Likewise, the holder of a manufacturing license generally may not also hold a restaurant license.

There is an exception to the interlocking business prohibition that allows a holder of a restaurant license to also hold a manufacturing license, and operate as a “couplet,” which is an entity that has both a manufacturer’s license and a restaurant license for use at the same location. 47 P.S. §§ 4-411, 4-438(c). Neither the Liquor Code nor the PLCB’s Regulations provide interpretation of the term “same location.” However, as long as both buildings are on the same deeded property and the same entity owns the entire property, a restaurant license and a manufacturing license located on that same property could be considered a couplet.

The Liquor Code’s provisions on interlocking business practices generally prohibit licensees of one class from providing money or other things of value to equip or otherwise help the operation of a licensee of a different class. 47 P.S. §§ 4-411, 4-443. Further, there are interlocking business restrictions on the leasehold and financing of property used as licensed premises such that a person or entity holding one class of license may not be interested, either directly or indirectly, in the ownership or leasehold of any property or in any mortgage against the same, for which a license of a different class is granted.

Please note, however, that section 411(e) of the Liquor Code allows any officer, director or stockholder of any hotel, restaurant or club license to own land or buildings which are leased to a holder of a retail dispenser license or a manufacturer’s license. 47 P.S. § 4-411(e). In addition, a person holding less than 10% ownership in a retail license is not deemed to possess a financial interest and is not subject to the provisions of this section. Id.

Furthermore, sections 411(g) and 493(11) of the Liquor Code allow a person who has an ownership interest in a manufacturer license, or an officer or manager of such licensee, to be employed at the same time by an entity that holds a hotel, restaurant, eating place or club license, so long as the person is not employed as the manager or as alcohol service personnel. 47 P.S. §§ 4-411(g), 4-493(11).

Good Repute. The PLCB may consider criminal records of licensees and officers, directors, managers, or stockholders of licensees, because section 404 of the Liquor Code requires that licensees be persons of good repute, and the PLCB’s Regulations specify that criminal convictions impact a person’s reputation. 47 P.S. § 4-404; 40 Pa. Code §§ 1.5, 5.23. Section 404 further provides that the Board shall have discretion to refuse a license (including renewal thereof) to any person, corporation, partnership, or association or any officer, director, or member thereof who shall have been convicted or found guilty of a felony within a period of five years immediately preceding the date of application for said license. 47 P.S. § 4-404.

Upon submission of the above information, the PLCB’s Bureau of Licensing investigates and recommends to the Board whether a person with a criminal record should be permitted to serve as an officer in the organization. The ultimate decision is made by the Board at its sole discretion.

Local Option Restrictions. Section 472 of the Liquor Code gives municipalities the option of prohibiting the retail sale of both liquor and malt or brewed beverages within their borders, i.e., designating themselves as “dry” municipalities. 47 P.S. § 4-472. Under this section, municipalities are permitted to prohibit the issuance of any license which falls under one of a list of specific categories, including most relevantly, restaurant liquor licenses. Id.

If a municipality has specifically opted to prohibit restaurant liquor licenses, then a Selected Bidder may not file a transfer application seeking to transfer a license into that “dry” municipality. Doing so may result in forfeiture of the Notice of Selection, as well as forfeiture of the bid surety. In order to ascertain whether a given municipality prohibits restaurant liquor licenses pursuant to section 472 of the Liquor Code, you may consult with the PLCB’s Bureau of Licensing at (717)-783-8250 and/or review the information on the PLCB’s website at https://www.pa.gov/agencies/lcb/licensing/resources-for-licensees/quota-system/wet-and-dry-municipalities.html

Collusion. The Commonwealth Procurement Code expressly prohibits bid-rigging and other forms of collusion in competitive bidding processes, including this IFB. 62 Pa. C.S.A. § 4501 et seq. Violation of these provisions constitutes a third-degree felony and exposes the violator to between $50,000.00 and $1,000,000.00 in criminal fines, and imprisonment for up to three years. Alternatively, the Office of Attorney General may impose a civil penalty up to $100,000.00, and that violator would then be barred from any further business dealings with any Commonwealth agency. Id.

The PLCB is required to refer any suspected violation of the above statute to the Office of the Attorney General. As set forth with specificity below, each Bidder warrants that its bid amount has been arrived at independently, without any communication with any other Bidder or potential Bidder; that the bid amount has not been disclosed to any other Bidder or potential Bidder; and that there has been no discussion or agreement with any other Bidder or potential Bidder to submit (or refrain from submitting) a complementary or otherwise non-competitive bid.

QUESTIONS

Questions regarding this IFB must be submitted via email only, with the subject line entitled “IFB #260380 Questions” to the Issuing Officer, James Krammes, email: RA-LBLicenseAuction@pa.gov , no later than 12:00 p.m. ET on Thursday, May 7, 2026. Bidders shall not attempt to contact the Issuing Officer by any other means.

Until the results of this IFB are posted on the Department of General Services (DGS) website as set forth herein, no Bidder or agent on behalf of a Bidder shall address questions regarding this IFB to any other employee or agent of the PLCB or the Commonwealth. Violation of this requirement may constitute grounds for disqualification of the Bidder.

All questions received will be answered in writing, and all such responses shall be posted to the DGS website at www.emarketplace.state.pa.us as an addendum to the IFB by 3:00 p.m. ET on Thursday, May 14, 2026.

All questions and official responses are considered an addendum to, and part of, this IFB. The PLCB shall not be bound by any verbal information, nor shall it be bound by any written information that is not either contained within the IFB or formally issued as an addendum by the Issuing Office. The Issuing Office does not consider questions to be a protest of the specifications or of the solicitation.

Before submitting questions, please carefully review this IFB, including the Frequently Asked Questions document (FAQ) found at Attachment A. These FAQs constitute a material, substantive part of this IFB.

ADDENDA TO THE IFB

If the Issuing Office deems it necessary to revise any part of this IFB before the bid response date, the Issuing Office will post an addendum to the DGS website at www.emarketplace.state.pa.us . It is the Bidder’s responsibility to periodically check the website for any new information or addenda to the IFB.

BID REQUIREMENTS

Each license being auctioned has been assigned a License Auction Number. Bidders may bid on one or more licenses; however, each PLCB Bid Sheet is specific to a particular license being auctioned. For example, if a Bidder wishes to bid on License Auction Numbers 440E, 442E and 446E, then the Bidder must submit three separate bid packages. Note that the License Auction Number is different than the Restaurant Liquor License Number as set forth on page two of this IFB.

Each bid package must include the required bid surety of $5,000.00 or 5% of total bid amount, whichever is greater, and the relevant PLCB Bid Sheet for each particular license, properly signed and properly sealed. Failure to include these required documents may render the bid non-responsive and may result in bid rejection. Except for indicating up to five preferred counties of transfer in order of preference or making an election not to seek a cross-county transfer, bids may not be conditioned in any manner, nor may Bidders make any changes to the PLCB Bid Sheet.

Each sealed bid package must be prominently labeled on the outside of the envelope with “IFB #260380,” the License Auction Number, and the name of the bidding individual or legal entity. For example:

If you submit more than one sealed bid in a delivery package, please indicate that on the outside of the delivery package. For example, if you submit bids for three licenses via FedEx, each license bid package must be sealed and labeled, and you should also note on the outside of the FedEx envelope “contains three sealed bids.” This is to streamline the bid opening process.

Bid amounts must be in whole dollar figures (example: $25,001.00). Any bid less than $25,000.00 will be rejected. 47 P.S. § 4-470.3(g).

Bidders will have the opportunity to identify up to five counties they would be interested in transferring the license into. The Bidder will rank the counties, listing the most desired county first. If the bidder intends to use the license within the same municipality or transfer it for use at a location in a different municipality within the currently associated county, they must indicate that on the Bid Sheet. Failure to complete this section of the Bid Sheet will disqualify your bid.

Bids must be signed in ink by an official authorized to bind the Bidder to its provisions. Failure to sign and/or submit the PLCB Bid Sheet(s) (Attachments B #440E-449E) shall disqualify your bid(s). For this IFB, all elements of bids must remain valid for at least 240 days, including but not limited to, the bid amount.

Bids must be hand carried or mailed (U.S. Postal Service, UPS, FedEx., etc.) to:

PLCB Purchasing & Contract Administration Division

Invitation for Bid #260380

Northwest Office Building, Room 212

Harrisburg, PA 17124-0001

Faxed or emailed bids will not be accepted.

Bids must be received by the Issuing Officer on or before Monday, June 15, 2026, no later than 12:00 p.m. ET.

Please be aware that mail and packages sent to the PLCB are first screened at a separate Commonwealth facility and so delivery of mailed bids to the Issuing Officer may take longer than otherwise expected. Therefore, Bidders mailing bids should allow time to ensure timely receipt of their bid. If a delivery receipt is desired, send by U.S. Certified or Registered mail. The PLCB bears no responsibility for delayed delivery to the Issuing Officer, regardless of method selected by the Bidder.

BID SURETY

Each bid must be accompanied by a Certified Check or Cashier’s Check in the amount of $5,000.00 or 5% of the total bid amount, whichever is greater, payable to the Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, as a bid surety. By way of example only, if a bid is for $25,000.00, then the bid surety required is $5,000.00. If a bid is for $200,000.00, the bid surety required is $10,000.00 (5% of $200,000.00). The bid surety of a Selected Bidder will be forfeited as liquidated damages if the Selected Bidder fails to comply with the terms of the IFB. See Specifications section above.

Failure to include a Cashier’s Check or Certified Check for $5,000.00 or 5% of the total bid amount, whichever is greater, with each individual license bid may result in rejection of the bid; however, the PLCB reserves the right, at its sole discretion, to allow a supplemental bid surety to be submitted in the event that an otherwise responsive highest bid package contains an incorrect or insufficient bid surety. Any such supplemental bid surety must be received by the PLCB no later than 3:00 p.m. ET on Monday, June 15, 2026. Failure to comply with this requirement will result in rejection of the bid.

The PLCB will deposit the bid surety of the highest responsive Bidder for each license. The bid surety of the second highest Bidder for each license will only be deposited if the highest responsive Bidder fails to submit the full and timely bid payment. All other bid sureties will be returned to Non-Selected Bidders via certified mail, return receipt requested, within 30 days of the bid opening date. Bid sureties of the highest responsive Bidder and the second highest responsive Bidder for each license will be refunded by the PLCB within 30 days of the PLCB’s final determination that there are no grounds for forfeiture of said surety.

By way of example only, if the highest responsive Bidder for a given license in a given county timely remits its full bid amount within the allowed 30-day period, then the bid surety of the second highest responsive Bidder for that license will be returned within thirty days of the PLCB’s receipt of that bid amount. Likewise, when a timely filed transfer application is approved by the Board, the bid surety of that successful Bidder will be refunded within 30 days of the approval.

BID WITHDRAWAL

Bidders may withdraw submitted bids by notifying the Issuing Officer by email at RA-LBLicenseAuction@pa.gov . Withdrawal emails must be received by the Issuing Officer no later than 10:00 a.m. ET on Monday, June 15, 2026. The subject line of the email shall be entitled “License Auction Bid Withdrawal,” followed by the assigned License Auction Number of the license at issue; for example, “License Auction Bid Withdrawal License #440E.” If more than one license bid is to be withdrawn, the Bidder shall send an individual “License Auction Bid Withdrawal” email notification for each license bid to be withdrawn. Bid packages will be returned unopened to the Bidder for any bids withdrawn by the Bidder in conformity with this section, and the PLCB will make no claim against the bid surety for such timely withdrawn bids.

BID OPENING AND BID TABULATIONS RESULTS

The Issuing Officer or their designee shall open bids starting at 9:00 a.m. ET on Wednesday, June 17, 2026, in Room 113 of the Northwest Office Building, located at Capital and Forster Streets, Harrisburg, PA. Bids will be opened in sequence starting with all bids for License Auction Number 440E and continuing until all bids for all licenses have been opened. The bid opening shall be public; however, due to space constraints, it is requested that Bidders limit attendance to two persons per bidding party or entity. All attendees will be required to pass through security, and sufficient time should be allotted to ensure seating by 9:00 a.m. ET. The bid opening will not be broadcast or livestreamed. Attendance at the bid opening is optional and is not a requirement for participation in the IFB. If the bid opening is not completed by 4:00 p.m. ET on Wednesday, June 17, 2026, the PLCB reserves the right to suspend the bid opening and resume activities on the following business day. If continued into the next business day, the details of the bid opening will be announced on the PLCB’s website, www.lcb.pa.gov . Comments will not be accepted by Bidders or the general public during bid opening.

The PLCB will open and sort all bids by bid amount (from highest to lowest) for each license. A winning or Selected Bidder will be determined, based on the highest bid amount received, for each license for which eligible bids are received.

If the highest bid amount for any license is submitted by two or more qualified Bidders, the Issuing Officer shall notify each such Bidder of the tie via email, confirming the amount of the tie bids and the number of tied bids. The tied Bidders will each have the option to submit one best and final offer bid amount (BAFO) by responsive email to the Issuing Officer at RA-LBLicenseAuction@pa.gov , which email must be received by the Issuing Officer no later than 3:00 p.m. ET on the next business day. In the event of a further tie among BAFOs, the Issuing Officer will repeat the process until there is only one highest bid.

After the highest bidder and second highest bidder are determined for each license, the PLCB will further evaluate the Bid Sheets to determine which of the Selected Bidders have indicated an intention to transfer the license to a different county and to determine which Selected Bidders will receive cross-county transfer priority for the counties identified on their Bid Sheets. If multiple Selected Bidders identify the same preferred county for transfer, give it the same ranking on their Bid Sheets, and submitted the same bid amount for the underlying license, with a lesser number of excess auction calendar year transfer opportunities remaining available for that county, the Issuing Officer shall notify each Bidder via email, identifying the highest Bid amount among those Selected Bidders. Those Selected Bidders will then each have the option to submit one best and final offer bid amount (BAFO) by responsive email to the Issuing Officer at RA-LBLicenseAuction@pa.gov, which email must be received by the Issuing Officer no later than 3:00 p.m. ET on the next business day. In the event of a tie among Selected Bidders after BAFOs, the Issuing Officer will repeat the process in order to give priority to the highest bidders relative to the number of excess auction calendar year transfer opportunities remaining available for that county. Any new and higher bid amounts submitted by a Selected Bidder as part of a BAFO process will become the amount that the Selected Bidder agrees to pay for the license they bid on, regardless of the county in which it will be used.

Once all bids have been opened and finalized as set forth above, results of this IFB will be posted within two business days to the DGS website at www.emarketplace.state.pa.us . Any additional information will require a Right to Know request, instructions for which may be found at http://www.openrecords.pa.gov/RTKL/CitizensGuide.cfm .

Bid results do not confer any legal or contractual rights until a formal Notice of Selection has been issued by the Issuing Officer and full bid payment has been timely received by the PLCB. The Notice of Selection does not guarantee a license will ultimately be approved by the PLCB. Notice of Selection letters will identify the Selected Bidder for each license as well as any counties for which the Selected Bidder has been determined to have cross-county transfer priority status relative to other Selected Bidders. Selected Bidders will not be permitted to file a cross-county transfer application into any county other than one for which it is determined to have cross-county transfer priority status for that specific license. If the county or counties a Selected Bidder wishes to transfer the license into is no longer available because the two-license limit has been reached, the Selected Bidder will still be able to apply to transfer the license within its original county. The Notice of Selection Letter will also include any other available counties the Selected Bidder may transfer the license into. If the Selected Bidder no longer has an interest in the license, the bid payment will not be required. Failure to timely remit the bid payment, however, will result in forfeiture of the bid surety.

EVALUATION OF CROSS-COUNTY TRANSFER REQUESTS

If a Selected Bidder, or their designated assignee, wishes to transfer the license for which it was the winning bidder into another county, it must file a transfer application with the PLCB’s Bureau of Licensing and pay a separate transfer fee of $50,000 for transfers into counties of the first through fourth classes, or $25,000 for transfers into counties of the fifth through eighth classes, within six months of being issued its Notice of Selection. Selected Bidders, or their designated assignees, will not be permitted to file a transfer application for any county other than one for which it is determined to have preferred cross-county transfer status for that specific license. Upon receipt of an application, the separate transfer fee set forth above, and any required filing fees, the PLCB’s Bureau of Licensing will confirm whether the applicant has cross-county transfer priority for the county identified on the application. Once that has been confirmed, the Bureau of Licensing will continue processing the transfer application in the normal course. If, however, it is determined that the applicant does not have cross-county transfer priority status for the county identified on their application, the Bureau of Licensing will reject the application as nonconforming and notify the applicant of the same. The applicant will then have the opportunity to file a new transfer application for the license to remain in the current county or be transferred to a different county for which it was determined to have cross-county transfer priority status. However, under no circumstances may a transfer application be filed more than six months after the issuance of the Notice of Selection. Failure to submit a viable transfer application within six months of the Notice of Selection may result in forfeiture of the Selected Bidder’s bid surety and returning the license to the PLCB’s available excess auction license inventory as previously set forth above.

REJECTION OF INVITATION FOR BID SUBMISSIONS

The PLCB reserves the unqualified right and in its sole discretion to reject any and/or all bids received in response to this IFB, to waive technical defects or any informality in bids, and to accept or reject any part of any bid if, in its sole judgment, it is in the best interest of the Commonwealth.

INCURRING COST

The PLCB is not liable for any cost incurred by anyone for any purpose relating to this IFB.

BIDDER’S REPRESENTATIONS AND WARRANTIES

By submitting its bid, each Bidder understands, represents, acknowledges, and warrants that:

A. All the Bidder’s information and representations in the bid are material and important, and the Issuing Office may rely upon the contents of the bid in awarding the bid. The PLCB shall treat any misstatement, omission, or misrepresentation as fraudulent concealment of the true facts relating to the bid submission, punishable pursuant to 18 Pa. C.S. § 4904.

B. If the Bidder intends to transfer the license into a different county, the Bidder may only transfer the license into a county identified on their Bid Sheet and as approved by the PLCB during the transfer application process. Should Bidder assign their right to apply to a third party, that third party shall be subject to this same requirement.

C. The Bidder has arrived at the price(s) and amounts in its bid independently and without consultation, communication, or agreement with any other Bidder or potential Bidder.

D. The Bidder has not disclosed the price(s), preferred counties of transfer, the amount of the bid, nor the approximate price(s) or amount(s) of its bid to any other firm or person who is a Bidder or potential Bidder for this IFB, and the Bidder shall not disclose any of these items on or before the bid submission deadline specified in the Calendar of Events of this IFB.

E. The Bidder has not attempted, nor will it attempt to induce any firm or person to refrain from submitting a bid in response to this IFB, or to submit a bid higher or lower than its bid, or to submit any intentionally high, low, or non-competitive bid or other form of complementary bid.

F. The Bidder makes its bid in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other non-competitive bid.

G. To the best of the knowledge of the person signing the bid for the Bidder, the Bidder, its affiliates, subsidiaries, officers, directors, and employees are not currently under investigation by any governmental agency and have not in the last three years been convicted or found liable for any act prohibited by State or federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding or proposing on any public contract or license.

H. To the best of the knowledge of the person signing the bid for the Bidder, the Bidder has conducted appropriate due diligence and warrants that the Bidder is of good repute and, if awarded the right to file an application for a restaurant liquor license pursuant to this IFB, has no prohibited interlocking business interests in any other PLCB license. Violation of this provision will result in forfeiture of the bid surety.

I. To the best of the knowledge of the person signing the bid for the Bidder, the Bidder has no outstanding, delinquent obligations to the Commonwealth including, but not limited to, any state tax liability not being contested on appeal or other obligation of the Bidder that is owed to the Commonwealth.

J. The Selected Bidder acknowledges that selection as the highest Bidder as a result of this IFB only confers the right to file an application for the license if full bid payment is received by the PLCB within thirty days of the date of the Notice of Selection and does not guarantee a license will ultimately be approved by the Board.

K. Until the Selected Bidder or their designated assignee receives written notification from the PLCB that a license transfer application has been approved by the Board, the Selected Bidder shall have no legal rights, privileges, or interests in the license, in law or in equity.

L. The person signing the bid for the Bidder does so with full legal authority to bind the Bidder to the terms of the bid.

M.

ATTACHMENT A

IFB #260380

FREQUENTLY ASKED QUESTIONS

ABOUT THE LICENSES

1. Can you identify the owner and address of establishment of the expired licenses that are up for auction prior to the auction?

The expired licenses being auctioned are no longer owned as these licenses were non-renewed, revoked by an administrative law judge, or are no longer eligible for safekeeping. Further, a license offered in an Excess License auction is a license that was previously offered during an Expired License Auction but received no bids.

2. Can you provide any other information about the licenses being auctioned (Amusement permit, Sunday Sales permit, any liens etc.)?

The licenses being auctioned have previously been offered during an Expired License Auction but received no bids, as described in the Legal Specifications and Requirements section of the IFB.

Amusement permits, Sunday Sales permits, Extended Food Hours permits, Wine Expanded permits, Ready-To-Drink Cocktail permits, and Tavern Gaming licenses are examples of additional privileges of a license, each of which must be requested by the individual or entity seeking a transfer.

Once a license has become available to be auctioned, it may no longer be subject to any unpaid fines, unserved suspensions, liens, or judgments accrued by the previous license holder. Therefore, all licenses being auctioned in this IFB # 260380 are clear of all claims.

In addition, because these licenses were previously offered during an Expired License Auction, the selected bidder will have the further option to transfer the license for use at a location in a different municipality in any county, regardless of quota. However, no more than two licenses from the excess license auction shall be transferred into the same county, in the same calendar year, with priority given to the highest bid amount across all originating county bid submissions when considering transfer requests for available cross-county transfer opportunities.

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