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B-411528.2,B-411529.2 1 (2015-12-07)

handle is hein.gao/gaobadrrq0001 and id is 1 raw text is: G A O Comptroller General ! Accountablity * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: Chase Supply, Inc. File: B-411528.2; B-411529.2 Date: December 7, 2015 Fred Fielding, for the protester. Gail Booth, Esq., Defense Logistics Agency, for the agency. Young S. Lee, Esq., and Nora K. Adkins, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest arguing that an agency's decision to waive first article test requirements under two previously-awarded purchase orders constitutes a modification to those orders that is outside their previous scope is denied where the decision to waive testing did not modify the substantive requirements for the product. DECISION Chase Supply, Inc., a small business of Hampton, Virginia, protests the modification of purchase order Nos. SPE7M4-15-M-1464 (PO-1464) and SPE7M4-15-M-1620 (PO-1620), issued to Flexfab LLC, of Hastings, Michigan, by the Defense Logistics Agency (DLA) for the supply of air duct hose assemblies.' Chase contends that the modifications, which waive certain first article tests (FAT), are improper because they are outside the scope of the original purchase orders. The protester also argues that the awardee's air duct hose assembly was not eligible for a waiver of the FAT requirement. Finally, Chase argues that its two prior protests challenging the award of these orders to Flexfab, which Chase withdrew after settlement negotiations with the agency, should be reinstated because Chase never anticipated that the agency would waive the FAT requirement for Flexfab. We deny the protests in part and dismiss them in part. 1 All references to air duct hose assemblies are to those identified by national stock number (NSN) 4720-00-930-5974.

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