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B-204396 1 (1982-05-17)

handle is hein.gao/gaobadkhl0001 and id is 1 raw text is:                 I             I    I      hiIaI



                                          THl COMPTRMILLBF#ONEIBRAL
                  DECISIONFTH E UNITEO BTATES
                                          WAS H I NG T6N.    C,  205 40E



                 FILE:    B-204396              DATE: May 17, 1982
                 MATTE. OF:      Kan-Du Tool & Instrument Corp.

                 DIGEST:*
                               Waiver of a solicitation's first
                               article testing requirement is a*
                               matter within the discretion of
                               the procuring agency and will not
                               be questtoned by GAO in absence
                               of a showing that the decision
                               was arbitrary or capricious, GAO
                               finds that contracting agency's
                               decision not to waive first article
                               testing was supported by the record
                               which indicates that, among other
                               things, there had been a lapse in
                               production of produced item of
                               approximately 4 years,

   *                      Kan-Du Tool & Instrument Corp, (Kan-Du) protests
                     the contracting officer's decision not .o waive first
                     article testing on its product bid under invitation
                     for bids (IFB) No. DAAE07-81-B-7299, issued by the
  • :United States Army Tank-Automotive Command, Warren,
                    Michigan, for the supply of ignition coil parts kits.
                    Kan-Du asserts that the evaluation of its otherwise
                    low bid to include first article testing costs, which
                    resulted in the only other bidder being evaluated as
  Vt                 low, was arbitrary and capricious and not in the best
                     interest of the Governments

                         For the reasons set forth below, we deny Kan-Du's
                    protest.

                         Kan-Du contends that the contracting officer did
N                    not take into account all of the significant factors
                     in deciding whether to grant Kan-Du':a waiver from the
                     IPB's first article testing requirements pertaining to
                     the ignition coil part of the parts kit. Specifically,
 ,                  Kan-Du alleges that it provided thi Army sufficient
                    evidence to show that its vendor, Andover, Inc.
                    (Andover), had been certified by the Government for
'                   many years as a qualified source of ignition coils.

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