87 Pa. Commw. 1 | Pa. Commw. Ct. | 1985
Opinion by
Pennsylvania Industries for the Blind and Handicapped (petitioner) has moved for a Judgment on the Pleadings and declaratory relief regarding the applicability of Section 2409.1 of the Administrative Code of 1929
This controversy arose as a result of the 1982 amendments to the Public School Code of 1949.
“Within the limitation of the operating budget and other available funds in accordance with the procedures established by the Board and with the approval of the local counsel, to negotiate and award all contracts for equipment, services and supplies in excess of a cost of Five Thousand Dollars ($5,000.00) on a competitive bid basis....”
Upon passage of Act 188, petitioner was notified by the Vice Chancellor of Fiscal Affairs and Administration for respondent that non-profit making agencies for the handicapped would now be required to bid competitively for product and service contracts.
Petitioner then filed an Application in this Court for a Declaratory Judgment
Section 2409.1(a) of the Administrative Code provides that all purchases and supplies “shall be purchased by the Commonwealth in accordance with the provisions of this section.” This means that all agencies considered to be part of the Commonwealth must comply with Section 2409.1. Act 188, which created respondent, describes it as both a “governmental instrumentality”
Furthermore, “because implied repeals are not favored in the law, the legislative intent to impliedly repeal a statute by enacting another must be clearly shown.” Commonwealth v. Milano, 300 Pa. Superior Ct. 251, 255, 446 A.2d 325, 327 (1982). See also Bertin Realty Co. Appeal, 83 Pa. Commonwealth Ct. 411, 416, 477 A.2d 603, 605 (1984). There is no such clear legislative intent to impliedly repeal Section 2409.1 of the Administrative Code as it applies to respondent. In addition, repeal by implication “arises only where language used in the later statute is irreconcilably repugnant to the provisions of the earlier statute so as absolutely to preclude a consonant construction of both.” Duda v. Board of Pharmacy, 38 Pa. Commonwealth Ct. 378, 381, 393 A.2d 57, 59 (1978) (quoting Parisi v. Philadelphia Zoning Board of Adjustment, 393 Pa. 458, 143 A.2d 360 (1958)).
In the matter sub judice, the two statutes can be reconciled by merely carving out an exception to the requirement of competitive bidding under Act 188 for such non-profit making agencies as petitioner, which fall under Section 2409.1 of the Administrative Code.
For the reasons stated above, we find for petitioner and declare that respondent is required to comply with Section 2409.1 of the Administrative Code.
Order
And Now, January 7, 1985, Petitioner’s Motion for Summary Judgment is granted and we hereby
Act of April 9, 1929, P.L. 177, as amended, 71 P.S. §639.1.
Act of November 12, 1982, P.L. 660, 24 P.S. §20-2001-A-20-2016-A,
42 Pa. O. S. §§7531-7541.
24 P.S. §20-2002-A.
24 P.S. §20-2003-A.
24 P.S. §4(e).