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![handle is hein.gao/gaobadknw0001 and id is 1 raw text is: 61 LL9
THE nOMPTROLLEF) GENERAL
DECISION 0=. F THE UNITED 6 TAT,,.S
WASHINbTON. 0. C. 2:3540
FILE: B-207558 DATE: Attust 101 1952
MATTER OF: Southwest Truck Body Company
DIGEST:
Waiver of the first article testing
requirement Is based on administrative
discretion and GAO will not disturb
an agency's decision to deny waiver
unless it is clearly arbitrary or
capricious. The agency's decision to
require first article testing for itemn
producea for the first time under revised
specifications is not arbitrary or
capricious since the bidder's ability
to perform the contrnct under the new
specifications has never been tested or
evaluated.
Southwest Truck Body Company (Southwest) protests
the denial to waive first article teating under solici-
tation No. DAAE07-.82-B-5109, issued by the United States
Army Tank-Automotive Command (TACOM). Southwest
requests a waiver of first article testing and award
under the solicitation. We deny the protest.
i. The solicitation was issued on February 16, 1982,
for M720 dolly sets with capacity to lift 3-ton trans-
portable shelters. A requirement for first article
testing was included In the solicitation and bidders
were requested to quote the cost for support of the
testing with the bid price. soutiwest's bid was
$7,727 per unit and included a request for waiver of
'4 first article testing requlreme.its. Saginaw Products
Corporation's (Saginaw) bid was 7,551.28 per unit
and did not include a request for waiver of the
testing. Saginaw was the low bidder but Southwe.t
would become the low bidder if the waiver was granted
since southwest's bid price would be reduced by the
amount stated as the cost of first article testing.
The uolicltation provided that when supplies
Identical or sitni]ar to those being procured have
been previously furnishtd by the bidder and accepted](ViewImageLocal?handle=hein.gao/gaobadknw0001&div=1&collection=&method=preview&ext=.png&size=3)