Appeal, No. 77, Jan. T., 1950, from decree of Court of Common Pleas No. 4 of Philadelphia County, Dec. T., 1948, in Equity, No. 3391, in case of Catherine G. Corcoran v. The City of Philadelphia et al. Decree affirmed; reargument refused January 13, 1950.
Lemuel B. Schofield, with him Manus McHugh and Edward Paul Smith, for appellant.
Howard E. Stern, with him Joseph P. Gaffney, Jr., Assistant City Solicitors, and Frank F. Truscott, City Solicitor, for appellees.
Allen J. Levin, Samuel D. Goodis and Sundheim, Folz, Kamsler & Goodis, for intervening appellee.
Before Maxey, C.j., Drew, Linn, Stern, Patterson, Stearne, and Jones, JJ.
OPINION BY MR. JUSTICE ALLEN M. STEARNE
This is an appeal from the dismissal of a taxpayer's bill seeking to enjoin the City of Philadelphia, its Director of Public Works and other officers, from entering into a contract for the construction of an incinerator and garbage disposal plant, and to direct defendants to reject the bids received and to readvertise for bids. By stipulation, the low bidder, United Building Construction Company, was permitted to intervene as a party defendant.
A hearing was held, and the chancellor, Judge Brown, filed an adjudication in which he made findings of fact and conclusions of law. The plaintiff filed exceptions which were dismissed by the court in banc. This appeal followed.
Pursuant to an Ordinance of City Council, approved February 6, 1946, the City of Philadelphia entered into a contract, on March 4, 1946, with Day & Zimmerman, Inc., consulting engineer, whereby Day & Zimmerman, Inc. was to prepare plans and specifications to be used by the City in advertising for bids for the design and
construction of an incinerator and garbage reduction plant to be erected at Seventh and Pattison Avenue, Philadelphia. Comprehensive plans and specifications were thereafter duly prepared. They set forth the general design and scope of work required and provided a common and detailed standard upon which [as found by the chancellor] "to base and make competitive bids, for either a mechanically stoked incinerator or a manually stoked incinerator, and for furnaces either cylindrical or rectangular in shape, and did not discriminate against any experienced, recognized and qualified manufacturer of incineration equipment, but were calculated and intended to produce competitive bidding on an equal basis."
In July, 1948, through its Department of Public Works, the City invited submission of sealed proposals or bids to conform to these plans and specifications, the bids to be received on or before October 14, 1948. The invitation for the submission of bids included a prequalification questionnaire, which was required to be filed by September 30, 1948. This questionnaire contained requirements that the contractor or a named subcontractor, who would design and construct the incineration equipment, must be an experienced, recognized and qualified incinerator company with two plants in operation of the type and design proposed at their rated capacity and without smoke, ...