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LUTZ APPELLATE PRINTERS v. COMMONWEALTH PENNSYLVANIA (12/22/76)

decided: December 22, 1976.

LUTZ APPELLATE PRINTERS, INC., PLAINTIFF
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF PROPERTY & SUPPLIES, RONALD G. LENCH, SECRETARY, DEPARTMENT OF PROPERTY & SUPPLIES, MILTON J. SHAPP, GOVERNOR, COMMONWEALTH OF PENNSYLVANIA, ROBERT P. CASEY, AUDITOR GENERAL, COMMONWEALTH OF PENNSYLVANIA AND GRACE M. SLOAN, STATE TREASURER, COMMONWEALTH OF PENNSYLVANIA, DEFENDANTS



Original Jurisdiction in case of Lutz Appellate Printers, Inc., Plaintiff v. Commonwealth of Pennsylvania, Department of Property and Supplies; Ronald G. Lench, Secretary, Department of Property and Supplies; Milton J. Shapp, Governor, Commonwealth of Pennsylvania; Robert P. Casey, Auditor General, Commonwealth of Pennsylvania; and Grace M. Sloan, State Treasurer, Commonwealth of Pennsylvania, Defendants.

COUNSEL

Lewis Kates, with him Kates, Livesey & Edelstein, for plaintiff.

John L. Sweezy, Assistant Attorney General, with him Michael Madar, Chief Counsel, for defendants, Department of General Services and Ronald G. Lench.

Howard M. Snyder, Deputy Attorney General, with him Lawrence Silver, Deputy Attorney General, and Robert P. Kane, Attorney General, for defendants, Shapp and Sloan.

Robert P. Meehan, Deputy Counsel, with him Frank P. Lawley, Jr., Chief Counsel, for defendant, Casey.

President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt.

Author: Per Curiam

[ 28 Pa. Commw. Page 8]

Presently before us are the preliminary objections of the multiple defendants*fn1 in this litigation to the complaint in equity filed by Plaintiff, Lutz Appellate Printers, Inc.

In this original action in equity, Plaintiff alleges that on or about August 13, 1975, the Department of

[ 28 Pa. Commw. Page 9]

Property and Supplies issued invitations and solicited bids for its "Contract 31" which was for the printing of legal briefs and records. Plaintiff has also alleged that although it was the lowest responsible bidder on that contract, the Secretary of the Department of Property and Supplies (Secretary) failed to award the contract to Plaintiff.

Pursuant to Section 523 of the Administrative Code of 1929, Act of April 9, 1929, P.L. 177, as amended, 71 P.S. ยง 203, the Secretary ruled that the manufacturing facilities of bidders on Contract 31 must be located within the Commonwealth of Pennsylvania or, if located outside the Commonwealth, must not be located "in any state which prohibits . . . the purchase of supplies, equipment, or materials not manufactured in such state." Plaintiff's manufacturing facilities are located in the State of New Jersey, a state which the Secretary found to discriminate against out-of-state manufacturers. Consequently, Plaintiff's bid was rejected.

Plaintiff commenced an original action in equity seeking to enjoin Governor Shapp and Treasurer Sloan from approving the award of Contract 31 to any bidder other than Plaintiff. Plaintiff requests this Court to declare it to be the lowest responsible bidder on Contract 31; to enjoin the Secretary from awarding the contract to other than the lowest responsible bidder; ...


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