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Warranty Exclusion Was Nonresponsive Bids-responsiveness; Warranty-express

Monday, January 03, 2005 03:48 pm

Warranty Exclusion Was Nonresponsive Bids-responsiveness; Warranty-express

A California court has ruled that a bidder's withdrawal of a warranty exclusion in a competitive proposal was not a mere clarification. The exclusion affected the responsiveness of the proposal.

As part of a joint water reclamation project, the Orange County Water District and the Orange County Sanitation District issued an invitation for proposals for the design, fabrication and installation of microfiltration equipment to treat wastewater. Contract award was to be based upon the lowest life cycle cost.

The solicitation required the successful bidder to warrant that its equipment would be suitable for tr [...]

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