This section contains the nature of the case and procedural background.

P solicited bids from subcontractors on various aspects of a building project for which it intended to compete. D's bid did not conform to P's terms; rather, it stipulated that its price quotation was for informational purposes only, did not constitute a 'firm offer,' and should not be relied on. D's response further stated that D did not agree to be held liable for any of the terms it submitted. For some reason, P relied D's bid in preparing its general bid despite D's stated limitations. When P won the bid and tried to reduce D's terms to a written contract, D raised the price. P ended up using a different concrete subcontractor and spending over $ 200,000 more than expected. P sued for breach of contract and promissory estoppel. The District Court granted D's motion for dismissal. P appealed.

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