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[Protest of FAA Contract Award for Industrial Hygienist Services]

B-220139: Dec 24, 1985

A firm protested a Federal Aviation Administration (FAA) contract award, contending that the solicitation: (1) included an indemnity clause that was unauthorized and allocated performance risks in such a manner as to unduly restrict competition; and (2) was defective because a required clause was not included and FAA, in determining the awardee to be responsible, may not have considered whether th...

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B-220139, DEC 24, 1985, 85-2 CPD 710

B-220139: Dec 24, 1985

NONRESPONSIVE BIDDER IS INTERESTED PARTY TO FILE A PROTEST WHERE IT SEEKS RESOLICITATION OF PROCUREMENT ALLEGEDLY CONDUCTED ON BASIS OF DEFECTIVE SPECIFICATIONS AND WOULD HAVE THE OPPORTUNITY TO REBID IF REQUIREMENT IS RESOLICITED. SOLICITATION'S INCLUSION OF A CLAUSE THAT THE CONTRACTOR WILL SAVE THE GOVERNMENT HARMLESS FROM LIABILITY FOR DAMAGES CAUSED BY THE CONTRACTOR'S FAULT IN PROVIDING ASBE...

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