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B-187487 1 (1976-11-29)

handle is hein.gao/gaobadehg0001 and id is 1 raw text is: N 31 WI0 It ~a WI TFArdE COMPTROLLER LENERAL * DECISION . OF THE UNITED 8TATES C t WASHINGTON. D. C. 20548 FILE: B-187407 DATE: November 29, 1976 MATTER OF: Westinghouse Electric Corporation DIGEST: Language inserted in bid merely to clarify bidder's understanding of Government's requirement is not a quali- fication requiring rejection of the bid where the clarifi- cation does not in fact limit any materini provision of the IFB. Westinghouse Electric Corporation (Westinghouse) protests award to anj bidder other than Westinghouse under solicitation DACWO5-76-B-0047, issued by the Sacrasisento District Office of the Corps of Engineers (Corps) for transformers. Westinghouse's complaint is that-its bid was erroneously rejected as nonresponsive because it included in its bid the following: Sction 3--Service of Erecting Engineer. Westinghouse interprets Paragraph 3-1.1 of the Solicitation/ to mean that Westinghouse Elcztrcic Colporat,\on is to be responsible for providing the erecting Contractor correct procedure to be used in installation and start-up of the trans- formers. Westinghouse is not to be held liablk for negligence on the part of erection crew in carrying out Westinghouse suggested procedures. By letter dated September 16, 1976, the contracting officer notified Westinghouse that its bid was considered nonresponsive since inclusion of tha above language creates a question of whether the wording places a limitation of liability on a situation where there could be joint negligence by Westinghouse and the construction contractor, the fo:amer through nup:;;irion and procedures and the latter by following these directions and actually performing the work. - - 1 -

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