No. 80-2-275, Appeal from the Order of the Commonwealth Court of Pennsylvania, Entered March 12, 1980, at No. 1570 C.D. 1979.
Jerome T. Foerster, Richard W. Cleckner, Harrisburg, for appellant.
John M. Hrubovcak, Asst. Atty. Gen., for appellee Penndot.
Gary F. Ankabrandt, Asst. Atty. Gen., for appellee General Services.
William Flannery, Harrisburg, for appellee DEK/Electro, Inc.
Roberts, Nix, Larsen, Flaherty and Kauffman, JJ. O'Brien, C.j., and Wilkinson, J., did not participate in the consideration or decision of this case. Roberts, J., filed a concurring opinion.
This is an appeal from an order of the Commonwealth Court sustaining the demurrer of appellee, DEK/Electro, Inc. ("DEK"), and dismissing the Petition for Review of appellant, Pennsylvania Industries for the Blind and Handicapped ("PIBH"). Pennsylvania Industries for the Blind and Handicapped v. Larson, 50 Pa. Commw. 84, 411 A.2d 1305 (1980). Contending that the Legislature has mandated that the Commonwealth procure needed services from charitable nonprofit-making agencies for the handicapped competent to provide such services at their fair market price, PIBH challenges the award to DEK of a four year services contract to make photographic driver's license identification cards. We conclude that PIBH has correctly interpreted the salutary legislative intent to aid the handicapped and, accordingly, reverse the March 12, 1980 Order of the Commonwealth Court.*fn1
The facts are not in dispute.*fn2 By the Act of June 17, 1976, P.L. 162, No. 81, 75 Pa.C.S.A. § 1510, the Pennsylvania Legislature mandated that each driver's license contain a color photograph of the licensee. In July, 1979, appellees, the Secretaries of the Department of Transportation and the Department of General Services (collectively "Commonwealth"), advertised in major newspapers throughout the Commonwealth soliciting bids to establish, maintain, staff, and operate centers statewide to take the color photographs and laminate the drivers' licenses.*fn3
Upon learning of this invitation for bids, PIBH, a charitable nonprofit-making agency representing handicapped organizations,
requested that the Commonwealth determine the fair market price of the services to be procured and offer the services contract to PIBH without competitive bidding pursuant to Section 2409.1(c) of the Administrative Code of 1929.*fn4 The Commonwealth rejected PIBH's request, contending that Section 2409.1(c) does not apply to the instant ...