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OMNICARE, INC. v. DEPT. OF PUBLIC WELFARE

No. 1355 C.D. 2012.

68 A.3d 20 (2013)

OMNICARE, INC., Petitioner v. DEPARTMENT OF PUBLIC WELFARE, Respondent.

Commonwealth Court of Pennsylvania.

Decided May 15, 2013.

Attorney(s) appearing for the Case

C. Grainger Bowman and Robert A. Lawton , Harrisburg, for petitioner.

Matthew D. Stauffer , Assistant Counsel, Harrisburg, for respondent.

BEFORE: DAN PELLEGRINI, President Judge, COHN JUBELIRER, Judge, and ROCHELLE S. FRIEDMAN, Senior Judge.

OPINION BY Judge COHN JUBELIRER.

Omnicare, Inc. (Omnicare) petitions for review of the Final Agency Determination (Final Determination) of the Director of the Bureau of Administrative Services (Director) of the Department of Public Welfare (DPW) that denied Omnicare's bid protest (Protest) of the award of a contract (Contract) for the provision of pharmaceuticals for DPW's five Developmentally Disabled Centers (DDCs) to Diamond Drugs, Inc. (Diamond). Omnicare argues...

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