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Hampton Technologies, Inc. D/B/A Gordon Group Electric v. Department of General Services

June 24, 2011

HAMPTON TECHNOLOGIES, INC. D/B/A GORDON GROUP ELECTRIC, PETITIONER
v.
DEPARTMENT OF GENERAL SERVICES, RESPONDENT FARFIELD COMPANY, INTERVENOR



Per curiam.

Emergency Application for Stay

ORDER

AND NOW, this 24th day of June, 2011, the Court being equally divided, Petitioner's Emergency Application for Stay is DENIED.

Mr. Chief Justice Castille did not participate in the consideration or decision of this case.

Mr. Justice Baer files a Dissenting Statement.

Mr. Justice McCaffery files a Dissenting Statement.

Madame Justice Todd dissents.

IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

HAMPTON TECHNOLOGIES, INC D/B/A GORDON GROUP ELECTRIC, Petitioner v. DEPARTMENT OF GENERAL SERVICES, Respondent FARFIELD COMPANY, Intervenor

No. 74 MM 2011

Emergency Application for Stay

DISSENTING STATEMENT MR. JUSTICE BAER

I respectfully dissent from the per curiam order in the above-captioned case. Gordon Group Electric (Gordon) seeks an emergency stay of the Department of General Service's ("DGS") Final Determination denying Gordon's protest to the award of an electrical contract to Intervenor The Farfield Company (Farfield) for the construction of the Philadelphia Family Court Building (Family Court Project).

On January 14, 2011, DGS awarded an electrical contract exceeding $20 million to Farfield, pursuant to DGS's Request for Proposal (RFP) for the Family Court Project, notwithstanding that Gordon was the low offeror. DGS sought competitive sealed proposals for four prime contracts, including the electrical contract at issue in this case, pursuant to 62 Pa.C.S. § 513, providing for competitive sealed proposals. 62 Pa.C.S. § 513(a) ("When the contracting officer determines in writing that the use of competitive sealed ...


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