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B-202208.2 1 (1981-11-04)

handle is hein.gao/gaobadjwb0001 and id is 1 raw text is: 



                                       THE CO             GENERAL
               DECISION            ,   OF THE UNITED       STATES
                     DECISON ~WASHINGTON, 0. C. 20548




               FILE: B-202208.2             DATE: November 4, 1981
               MATTER OF: North Coast Electric Company--

                            Reconsideration

              DIGEST:

                      Prior decision, denying protest, is
                      affirmed where the protester does not
                      demonstrate that the decision contains
                      any errors of fact or law.

                    North Coast Electric Company (North Coast)
                requests reconsideration of our decision in North
                Coast Electric Company, B-202208, August 14, 1981,
                81-2 CPD 141, in which we denied its protest. The
                pertinent facts of that case follow.

                    North Coast submitted a bid in response to
                invitation for bids (IFB) No. DACW67-81-B-0012. The
                IFB, which was for a civil work, was issued by the
                Seattle District, United States Army Corps of Engi-
                neers (Army) to procure two 230-kv transformers for
                the Libby Powerhouse, Libby, Montana. North Coast sub-
                mitted the low, responsive bid; but, because the bid
                certified that the proposed transformers would be of
                Canadian origin, the Army added the Buy American Act's
                6-percent price differential to the bid price. As
                a result, the General Electric Company was placed in
                line for the award.

                     In its protest, North Coast argued that the
                6-percent price differential should not have been applied
                in this situation because, under the terms of the IFB,
                Canadian end products were exempt. In any event, North
                Coast maintained that it had been misled by the procuring
                office during a prebid conversation about the application
                of the price differential. Finally, in the alternative,
                North Coast argued that it had made a mistake in its
                Buy American certification and that its items were
                actually of domestic origin.

                     In denying the protest, we held:







A/g

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