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B-191537 1 (1979-02-15)

handle is hein.gao/gaobadgyc0001 and id is 1 raw text is: 


                        THE  CIVPTROLLER GENERAL
DECISION . OF THE UNITED                     STATES
                         WASHINGTON, D.C. 20548



FILE: B-191537                DATE: February 15, 1979

MATTER  OF:Westinghouse   Air       ake Company


DIGEST: 7 /
1.  Unsuccessful bidder for contract under
    Federal grant contends that grantee's
    affirmative determination of low bidder's
    responsibility is erroneous because low
    bidder does not possess sufficient staff
    or financial capability to perform contract
    in timely manner.  These questions are
    matters of general responsibility which
    GAO will not review absent allegation of
    fraud.

2.  Unsuccessful bidder contends that because
    grantee does not have experience in 7 &
    design, furnishing and installation of '1
    exact type of circuityy to be used on
    contract, 2rantee d69  not comply with <-
    clause requiring experience with
    -complete signal systems of the same
    general type as     ed for under thg-
    Contract. t GAO 44ss-ndeqagi-r-nerdt
    that experience include exact type of
    circuitry to be considered of same
    geieral type.

3.  Where solicitation requires similar
    experience, GAO review is limited to
    whether evidence submitted reasonably
    shows that offeror possessed specified
    experience; quality and sufficiency of
    experience is left to subjective judgment
    of grantee, absent allegation of fraud.

Background

     Westinghouse Air Brake Company (WABCO) has filed a
complaint against the award of a contract by the Massachu-
setts Bay Transportation Authority (MBTA) to the joint ven-
ture of Regan Construction Company, Inc., Nager Electric

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