Glasgow, Inc. v. Pennsylvania Department of Transportation

DISSENTING OPINION BY

President Judge COLINS.

I respectfully dissent to the majority’s thoughtful analysis of this novel issue. I believe that the Department’s decision constitutes a hyper-technical interpretation of its bidding requirements, exulting form over substance, and resulting in an unnecessary additional burden on taxpayers in the amount of $432,626.

At the outset, I question whether Glasgow’s submission was deficient. I disagree with the majority’s conclusion that Glasgow faded to “submit” the necessary DBE information on time, and I question the majority’s acceptance of the…