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B-177611 1 (1973-07-09)

handle is hein.gao/gaobaacyj0001 and id is 1 raw text is: 



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   (                      COMITROLLERN GENEAL OFPTHE UNITED SrATCS    3/5


          4 I

            9 - 177631                       July 9, 1973





            Unlted PowTr & Control Sytems, In0
            431 Uorth 34th
            Seattle. Vahunstoa    98103
                 ttatiotWa r. . 1. aeI

            centlem;st

                 2ht i8 in reply to your latter dated Mach 30# 1973. and prior
            correapondence, protesting against the rojectiou of all bids under
            Lnvitatioc for bide DACW0173--0037, winued by the United State
            Army Corps of Enc;nouer. ftobileg Alf-bam.
                 Ae a rnult of a detailed technical evaluation by the Engineering
            mviaion of the literature -a ! data submitted by the bidders under
            the '_IRMX WT FOR DCSCRflPTLVE LIFlRTUTRS clauao (paragraph 22) of
            the oolicitation, it was doterulned that none of the inforuaLlon
            tarnished vith any of the bid@ wes fully ruuponive to the require-
            santo of the clausa. Therefore, the contracting officer decided to
            reject aLL bide and readvertise te pocuremont.

                 You have contended that the data furnished with your bid wa
            not deficient and that the ward should have' been made to you.
            Sowaver, aside from the deficioenies uoted by the contracting officer,
            you ware advised by a representativo of our Office of the po tbility
            that the bid might I. considered nonreopousive by our Office because
            of a legmnd that appeared on the descriptive literature furnished
            vith the bid as followt   Ceat l Sectric reserves the rir.ht to
            make changes in the equipment or sofw are, and Its characteristic.
            or frctions, at any tim without notice. You wre providod an
            opportunity to present your vlys on the atter. No writtea eaments
            were received frat you within the tine providtid.

                 The legend In the descriptive iteraturt which was furnished
            with your bid provides an option for deviation ftrm the advertised
            zequinmnts after ward. Our Office b sbald that such a legend in            g
            decriptive literature is a material deviation thft renders a bid
            umreposlve. 5-177390. March 0, 1973.



                                                   :09 (3F Y

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