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B-192128 1 (1978-07-21)

handle is hein.gao/gaobadgft0001 and id is 1 raw text is: 





                                              //
                          -70            THS CCIMOPOLLS ONtA
                       ONCISION          OP  THE   UNIjTi'!3  STAtWUE




                FILE:   B-192128               GATE: Cuty 21, 1978
                MATTER   OF:  Neyers Industries, Inc.

                DIGEST:

                   1.   Contracting ufficer failed to enter at time
                        of award date for delivery of first article
                        test report required by IPB to be within
                        120 days after award. Such failure did
                        not affect successful bidder's zesponsive-
                        nSSg  since that is determined from bid as
                        submitted, nor did it otherwise affect validity
                        of award.
                   2.   Protest against awardee's responsibility
                        is dismissed, since with e.artain exceptions
                        not applicable here, GAO does not review
                        protasts against affirmative determinations
                        of responsibility.
                   3.   Whether awardee's performance complies with
                        contract requirements is matter of contract
                        administration and is not for consideration
                        by GAO.

                        Meyers Industries, Inc. (Meyers), protests
                   the award of a contract to Mancelona Metal Products
                   (MMP) under invitation for bids (IFS) No. DAAE07-
                   78-8-5363, issued by the United States Army Tank-
                   Automotive Command for hardtop enclosure kits.

                        Item 0001AB of the IFS concerned first article
                   testing and stated that, unless first article
                   approval was waived, a first article test report
                   was required under IFS section 1-09. That section
                   provided that within 120 calendar days from contract
                   award the first article test report shall be for-
                   warded to the administrative contracting officer.
                   item 0001AB provided a space for the insertion
                   at the time of award of a date for delivery of the
                   first article test report.








LW.

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