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B-183164 1 (1976-01-27)

handle is hein.gao/gaobaddsb0001 and id is 1 raw text is: FILE: B-183 MATTER OF: DIGEST: THE COMI~PTROLLER VZEIMIP.AL ~' ~ OF THE UNITED STATUS W.' AASH I NTO N ED0 C .2054 8 164 [DATE: January 27,1976 Henry Spen & Company, Inc. Ti7 1. Agency's waiver of first article testing requirement in accordance with RFP provision for offeror after receipt of best and final offers did not give offeror opportunity to modify or revise its proposal; therefore agency was not required to reopen negotiations with other offerors. 2. Prospective contractor's responsibility should be meas- ured with respect to information of record at time of award. Agency's reversal of its nonresponsibility determination as to low offeror, based on financial information brought to its attention was proper. Henry Spen & Company, Inc. (Spen) protests the award of a contract to General Aviation Industries, Inc. (General) under request for proposals (RFP) DSA-400-75-R-0040, issued on September 16, 1974, by the Defense General Supply Center, Richmond, Virginia, for 49 compressed gas cylinder trailers and related technical data. Spen contends that the contracting officer failed to treat equally all those offerors whose proposals were within the competitive range in that the contracting officer failed to notify Spen that the RFP first article test requirement would be waived for General. Spen also maintains that the award to General was based on a specious agency determination of urgency. However, for the reasons stated below, we find no merit in Spen's contentions. Initial proposals were submitted by four offerors. The low offer was submitted by General, and Spen submitted the second low offer. General indicated in its proposal that it had supplied trailers under an earlier contract and offered a reduction in price of $50. 00 per unit if the requirement for first article approval were waived. -1-

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