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B-193180 1 (1979-03-23)

handle is hein.gao/gaobadhbl0001 and id is 1 raw text is: p THE COMPTROLLER GENERAL DECISION . O OF THE UNITED STATES W/ASHINGTON, D.C. 20549 FILE: B- 19 3180 DATE: March 23, 1979 MATTER OF: BEI Electronics, Inc. DIGEST: 1. Waiver of first article approval testing requirement is matter within the discretion of procuring agency and will not be questioned by GAO without showing that decision was arbitrary or capricious. Agency's decision not to waive first article approval testing for incumbent contractor is not arbitrary or capricious where solicitation contains a more stringent testing specification than previous year's contract and only vendor of essential ingredient in required item has had break in production that can reasonably be con- sidered to have effect on manufacturing processes. 2. Bidder's potential eligibility for waiver of first article testing does not preclude addi- tion of evaluation factor for such testing to bid absent determination that waiver will be granted. BEI Electronics, Inc., Defense Products Division (BEI) protests the proposed contract award to MB.CL6 Associates (MBA) under invitation for bids (IFB) N00019- 78-B-0006 for 50,000 MJU-8/B decoy flares issued by the Department of the Navy, Naval Air Systems Command (NAVAIR).jBEI) the incumbent contractor, maintains that NAVAIR has improperly refused to waive first article preproduction testing for it. BEI argues that NAVAIR's actions are unreasonable and contrary to the solici- tation. The solicitation provided that in the event NAVAIR elected to conduct first article approval testing, the bid would be evaluated by adding $12,485 to the bid price whereas no adjustment would be made to each as eTJ .t 7-EsWTA t j

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