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B-191184 1 (1978-07-21)

handle is hein.gao/gaobadgfs0001 and id is 1 raw text is: t FILE:. 1-191184 MATTER OF: P DATE: July 21, 1978 remier Electric Supply, Inc. DIGEST: Bid offering warranty ending 12 months * after shipment is not responsive to in- vitation seeking warcanty ending 1 year after acceptance of ;oods. Premier Electric Supply, Inc. (Premier) has sub- mitted a complaint concerning the award of contract No. CQ-870 to B & S Electric Supply Company, Inc. (B & S) by the Metropolitan Atlanta Rapid Transit Authority (MARTA). MARTA is a recipient f Federal funds from the Urban Mass Transportation Aoinistra- tion (UNTA), Department of Transportatione under Capital Grant Project No. GA-03-0008. Contract CO-870 was solicited pursuant to that grant, and UMTA'S par- ticipation in the cost of the project is 80 percent. Our review is undertaken pursuant to 40 Fed. Reg. 42406 (1975). On September 19, 1977, MARTA released the Contract Documents for procurement of subway lights under con- tract CQ-870. It contained the invitation for olds (IFB), general conditions, technical provisions, and several forms and exhibits. All provisions of those documents, as well as referenced materials and subse- quent modifications, were sp'cifically included as a part of the contract. (Contract Spec. Book, General Conditions, Paragraph 1.2.) At bid opening on October 18, 1977, Premier was low bidder, followed by B & S. When B & S expressed concern that some handwritten notes attached to Premier's bid constituted exceptions to the IFB, MARTA's staff determined that Premier's notes did not materially qualify the bid. Subsequently B & S protested to UMTA, which determined that Premier's 10 70 4 TH CCMPTROLLr % M2NRAL DECISION . OF TME UNITED STATES w '.WshN o'oN. O.C. a0546 I 'U' 1'~ ' - Si I; I. I t

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