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B-183730 1 (1976-02-23)

handle is hein.gao/gaobaddfu0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OF THE UNITED STATEB WASHINGTON, D.C. 20548 k %TCO FILE: B-183730 DATE: February 23, 1976 MATTER OF: Kan-Du Tool &,Instrument Corporation DIGEST: 1. Contracting officer's determination that company's quality history, under different corporate names, justifies waiver of first article testing will not be disturbed in absence of clear showing of arbitrary or capricious action. 2. Since contracting officer's signing of contract constitutes affirmative responsibility determination, contention that agency should have conducted preaward survey is a protest against affirmative responsibility determination and will not be considered absent contentions of fraud or defective responsibility criteria. Kan-Du Tool & Instrument Corporation (Kan-Du) protests an award to Automatic Connector, Inc. (Automatic) on the ground that the contracting officer's decision to waive first article testing for Automatic, making that company low bidder, was erroneous. The facts are not in dispute. Invitation for bids (IFB) No. DAAA25-75-B-0352 was issued February 28, 1975 for two types of initiators, which are components of aircraft ejection seat systems. Item 0001 of the IFB was for 1,065 initiators M32A1 (Metal Parts Assembly) and Item 0004 was for 73 initiators M30A1 (Metal Parts Assembly). Bids for Item 0001 were solicited with and without first article testing. Since both initiators have the same metal parts assembly, both items were to be awarded to the same bidder. After bid opening on March 28, 1975, the quality assurance office was given the names of the bidders and requested to recommend whether first article testing should be waived for any of the bidders under section C-15 of the invitation which states in part: - 1 -

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