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BRAYMAN CONST. v. COM., DEPT. OF TRANSP.

No. 12-MAP 2009.

13 A.3d 925 (2011)

BRAYMAN CONSTRUCTION CORPORATION and Stephen M. MucK, Appellants/Cross-Appellees v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Appellee/Cross-Appellants.

Supreme Court of Pennsylvania.

Decided February 22, 2011.

Attorney(s) appearing for the Case

James William Kutz , Kandice J. Giurintano , Megan Newcomer Dreisbach , McNees, Wallace & Nurick, LLC, Harrisburg, for Brayman Construction Corporation and Stephen M. Muck.

Jeffrey W. Davis , Jason Michael Wolgemuth , John F. Robinson, Jr. , Andrew S. Gordon , Harrisburg, for Department of Transportation.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, ORIE MELVIN, JJ.

OPINION

Justice SAYLOR.

In this direct appeal, we address whether the Pennsylvania Department of Transportation (PennDOT) may use innovative "best value" and "short listing" methods to solicit and select among bids for highway construction projects.

I.

In 2008, PennDOT decided to rebuild two bridges, one eastbound and one westbound, carrying Interstate 90 over Six Mile Creek in Erie County (the "Erie County Project"). The existing...

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