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B-179950 1 (1974-01-21)

handle is hein.gao/gaobadcbw0001 and id is 1 raw text is: I L I THE COMPTROLLER iLRNERAL DECISION ¼I14OFDP THE UN ITED ,oTATEB Ap$W ASH ING TO N. , DC23546E 9* T FILE: B-179950 DATE: January 21,1974 MATTER DIGEST: OF: Allis-Chalmers Corporation 4 Under invitation for bids for hydraulid turbines, bidder's failure to complete Equal Opportunity Certification and its insertion of the words NOT APPLICABLE under Equal Employment Compliance representation do not render bid nonresponsive, since both provisions relate to bidder responsi- bility and therefore there is no exception in bid to any material requirement of the IFE Decisiona cited, To extent B-161430, July 25, 1967 is in- consistent with this and the other cited decisions, it will no longer be followed. Invitation for bids (IfB) No, DACW 67-73-B-0089 was issued by the US. Army Corps of Engineers, Seattle, Washington District, for hydraulic turbines and related items for use on a dam project. The IFB contained the standard Equal Opportunity representations provisions and the Equal Employment Compliance provision as re- quired by ASPR 12-806 (b) (3)o The low bidder, Hitachi America, Ltd., did not complete the Equal Opportunity representation and inserted the words NOT APPLICABLE under the Equal Employment Compliance provision9 Allis-Chalmers Corporation, the second low bidder, protested any award to Hitachi on the ground that the low bid was nonresponsive. Award was made to Hitachi during the pendency of this protest on the basis that an existing power crisis in the Pacific Northwest required urgent award of the contract. The protester first claims that Hitachi's failure to com- plete the Equal Opportunity provision rendered its bid nonrespon- sive. That provision states: The Offeror represents and certifies as part of his offer that: * A* A* A* * - 1l- PUM !PMD !CQIION 53 Corp. Ccn.........,,,,

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