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B-185890 1 (1976-06-29)

handle is hein.gao/gaobaddci0001 and id is 1 raw text is: THE COMPTROLLER GENERAL 'DECISION 2OF THE UNITED STATES WASHINGTON, D .C. 20548 ITC FILE: B-185890 DATE: June 29, 1976 MATTER OF: Joseph Pollak Corporation DIGEST: 1. Where bid as submitted is at best ambiguous as to whether it was qualified concerning waiver of first article testing, such bid must be considered as being conditioned on waiver and not for acceptance. 2. Waiver of requirement for first article testing is matter. within sound discretion of procuring agency and will not be questioned by GAO absent showing that decision was arbitrary or capricious. 3. Failure or omission of contracting agency to provide interested party copies of protest to our Office, which protest was sub- sequently withdrawn, does not affect propriety of award. Joseph Pollak Corploration (Pollak) protests the rejection of its bid by the Defense Supply.'Agency (DSA). Pollak's bid contained language which the contracting officer interpreted as qualifying its bid on waiver of first article testing. The bid was consequently determined to be nonresponsive when Pollak's request for waiver was denied. The solicitation was for 25,000 three-lever switches MS-51113 under military specifications MIL-S-11021C.. Pollak had produced the switch under a prior specification for over 10 years. However, the new spec- ifications required an endurance test on the interlock lever. The endurance test was included in the new specifications, since DSA had experience with switch failure. First article waiver was denied as Pollak had never submitted an-endurance test report under a Government contract. r- - 1 -

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