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DURKEE LUMBER CO. v. DEPT. OF CONSERVATION

903 A.2d 593 (2006)

DURKEE LUMBER CO., INC., Petitioner v. DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES, Respondent.

Commonwealth Court of Pennsylvania.

Decided July 13, 2006.

Reargument Denied August 24, 2006.

Attorney(s) appearing for the Case

Michael D. Reed, Harrisburg, for petitioner.

Virginia J. Davison, Asst. Counsel, Harrisburg, for respondent.

BEFORE: COLINS, President Judge, PELLEGRINI, Judge, and McCLOSKEY, Senior Judge.

OPINION BY Judge PELLEGRINI.

Durkee Lumber Co., Inc. (Protestant) appeals a determination of the Secretary of the Department of Conservation and Natural Resources (Purchasing Agency) denying its bid protest and affirming the Purchasing Agency's decision to reject its bid because it had a record of non-compliance in state forest timber sales.

Because it had defaulted on contracts that it had entered into with the Commonwealth, Protestant had been placed in...

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