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JOHN F. MCCLOSKEY AND CITY PHILADELPHIA v. INDEPENDENCE CABLEVISION CORP. AND ROSCOE MURPHY (05/25/83)

decided: May 25, 1983.

JOHN F. MCCLOSKEY AND CITY OF PHILADELPHIA, APPELLANTS
v.
INDEPENDENCE CABLEVISION CORP. AND ROSCOE MURPHY, JR., APPELLEES



Appeal from the Order of the Court of Common Pleas of Philadelphia County in the case of Independence Cablevision Corporation et al. v. John F. McCloskey et al., No. 4019 March Term, 1983.

COUNSEL

Jill A. Douthett, Divisional Deputy City Solicitor, with her Mark A. Aronchick, Acting City Solicitor, and John J. Dibernardi, Assistant City Solicitor, for appellants.

Oscar N. Gaskins, Oscar N. Gaskins & Associates, P.C., with him Bruce W. Ficken and Joan A. Yue, Pepper, Hamilton & Scheetz, for appellants.

President Judge Crumlish, Jr. and Judges Williams, Jr. and Barbieri, sitting as a panel of three. Opinion by President Judge Crumlish, Jr.

Author: Crumlish

[ 74 Pa. Commw. Page 436]

This is an appeal by John F. McCloskey (Commissioner)*fn1 and the City of Philadelphia (City), and a cross-appeal by Independence Cablevision Corporation (Independence) from a Philadelphia County Common Pleas Court order. We affirm in part and reverse in part.

Facts and Procedure

In June, 1982, City Council adopted "An Ordinance Providing for the establishment within the city of Philadelphia of Cable Communication System (CATV) service" (Ordinance). The Ordinance directed the Commissioner to solicit and initially review, subject to the competitive bidding provisions of the Philadelphia Home Rule Charter,*fn2 proposals for the franchising of

[ 74 Pa. Commw. Page 437]

    cable television in each of four designated franchise areas. The Commissioner issued a Request for Proposal (RFP) which established December 22, 1982, as the bid submission deadline. Independence, a 100% minority-owned and managed television cable company, submitted separate proposals for Areas 2 and 3, but had included in the Area 3 proposal a blank copy of the RFP's "Form G: Financial Pro Forma" (Form G).*fn3

After preliminary review, CTIC Associates*fn4 advised the Commissioner that, due to the absence of a completed Form G, Independence's Area 3 proposal was non-responsive to both the Ordinance and the RFP, and consequently any meaningful evaluation thereof was impossible. Although not officially informed of any deficiency in its bid,*fn5 Independence hand-delivered the completed Form G to the Commissioner on March 2, 1983. On March 4, 1983, the Commissioner notified Independence by letter:

(1) that its Area 3 proposal was submitted without a completed Form G;*fn6

(2) that Form G was a material and important element ...


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