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JOHN O. VARTAN v. DEPARTMENT GENERAL SERVICES (12/05/88)

decided: December 5, 1988.

JOHN O. VARTAN, T/D/B/A INDEPENDENT AMERICAN INVESTMENTS, PETITIONER
v.
DEPARTMENT OF GENERAL SERVICES, RESPONDENT



Appeal from the Order of the Department of General Services, in the case of In re: Department of Public Welfare, Harrisburg, Pa., 36,000 square feet of space, dated October 5, 1987.

COUNSEL

Thomas P. Brogan, with him, Kevin J. McKeon, Malatesta, Hawke & McKeon, for petitioner.

Gary F. Ankabrandt, with him, P. Alan Zulick and William W. Warren, Jr., for respondent.

Judges Palladino and Smith, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Judge Palladino. Judge MacPhail did not participate in the decision in this case. Judge Smith dissents.

Author: Palladino

[ 121 Pa. Commw. Page 471]

John O. Vartan, t/d/b/a Independent American Investments, (Petitioner) appeals from a decision of the Department of General Services (DGS) denying his request for information under the Act of June 21, 1957 (Right To Know Act), P.L. 390, as amended, 65 P.S. ยงยง 66.1-66.4.

The record before us consists solely of Petitioner's letter requesting information and DGS's letter denying the requested information. The facts set forth below were supplied to us by respective counsel and are facts on which the parties are in agreement. See Patients of Philadelphia State Hospital v. Department of Public Welfare, 53 Pa. Commonwealth Ct. 126, 417 A.2d 805 (1980).

In March of 1986, DGS issued a Request for Proposals (RFP) for the leasing of 26,000 square feet of office space for the Department of Public Welfare (DPW). Petitioner submitted a proposal in response to the RFP. DGS rejected all proposals and issued a second RFP on December 15, 1986. Petitioner again submitted a proposal; DGS again rejected, without explanation, all proposals. In June, 1987, DGS issued a third RFP to lease

[ 121 Pa. Commw. Page 472]

    office space for DPW.*fn1 In September, 1987, DGS notified Petitioner that it had selected the proposal of a bidder other than Petitioner.

Shortly after learning that his bid had not been accepted by DGS, Petitioner, via his counsel, sent a letter to DGS requesting information. The letter provided, in pertinent part:

We are in receipt of your letter dated September 23, 1987. On or before October 9, 1987 please provide us the following information:

1. The name and address of the selected respondent.

2. A copy of the complete proposal.

3. The delineation of the site and proof of ownership of ...


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