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B-179042 1 (1973-12-06)

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COMPTROLLER GENERAL OF THE UNITED STATES
           WASHINGTON, PC, 2043

                       4 .r,


B-179042


December 6, 1973


Keco Industries, Incorporated
2438 Eeekzan Street
Cincinnati, Ohio 45214


Attentiont


Mr, Robert G. Adair
Prenident


Gentlemen:

     This refers to your letter of October 5, 1973, and prior    4
correspondence, concertins the award of a contrant to the Trane
Conpany under invitation for bids (It'B) No. DSA-400-73-B-4807, as
asnnd,,i, iseued on Decomber 27, 1972, by the Defense Supply Agency
(DSA), Diractorate of rocuroment and Production, Richmond, Virginia,
for a quantity of air conditioners for the United States Harina Corps
%the requiring activity). oFor the reasons tated below your protest
is denied.

     Your protest concerns itm   9 and 10, for-air cenditioners
identified no A/E.-2C-18, and items 14 and 15 for air conditioners
±dentified an A/L-J2C-25. There was a first article test requirement
for each of thoo's four items. Howevor, clause C46 of the solicita-
tion provided in pertinent part as followas


C46 WAIVER OF FIRST ARXTICLZ /PROV.4L TESTS (Decrease in
Price) (SeEpd-ata Line Item) The Government reserves the
right to waive the requireuent herein for first article
approval testi as to those offeroro offering a product
which has berv. previously furnished by tha offeror and
has b~on accoptad by the Govarnenot. Offerors offerons
such products, who wish to rely on such prior acceptance
by the Government, must furnish evidence with the offer
that prior Govcrnment acceptance is presently appropriate
for the prodm,-s to be futnished hereunder by indicating*
below contract numbers of Idontical or similar supplies
accepted by the Governmant. When the Government decides
to exorcise its right to waive firat article approval
'testing, o.fazs will bo evaluated on the basis of the
decreased c'n: to the Government.


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