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B-189176 1 (1977-11-03)

handle is hein.gao/gaobadfhe0001 and id is 1 raw text is: ... I THE COMPTRO.LLER ENERAL DECIBION .F .E NaD T~s e enaATmN SS WAeUHNo roN,o0.C.aU1ane 4 O FILE: 3-18176 DATE: November 3, .97 IATCER OF: Mars Signal Light Company DIGEST: 1. Claim for monetary lossAs allegedly susLained because of asserted improper agencyapproval of competitors' first artic.'e test reports is denied since first article testing requirements invl'.ves administration of contract and is a matter between contractors and agency and confens no enforceablr. rights on contractors' competitors. 2. Waiver of first article testing .is not improppr where bidder previouly furnished and Government accej\:;ed identi- cal or similar item, notwithsLanding asscrtion Met original approvala of first article test reports were improper. Mts ignal Light Company (Mars) has fited two claims aggrege'tingi $732,275.88 for p$sses it allegedly incurred as a resultcof assertedly inva.lid first article approvals granted by the Defense Lo&istics Agitcy (DLA) ,Defen're General' Supply Center (DGSC), Ricmond, Virgiruta% to two of Mars competitors. The basis for thi claims Lsthat, had the first article apprcyals not been granted, Mars would'have,(1) remeived various contracts for the' items covered by the approvals, (2). made a profiL on each item, (3) realized savinge through bulk buying, and (4) increased its commercial business, which also would have been profitable. The f4rst claim involves DOSC approval of'first art cle test reports subnitted by Julian A. McDermott Corporation (M.cDermott) and Federal Sign and Signal Corporation (Feaeral) in 1972 and 1973, respectively, in 'accordance with contracts awarded to these firms for certain 14-volt .Lid 26-volt direct current rotating warning lights for use on emergency, security, utility or main- tenance vehicles and subsequeht first article test waivers granted to McDermott and Federal whenever requested in connection with other contracts,for the lights covered by the approvals,awarded during the period 19731976. -1- II L. S' ri

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