Protest of Agency's Refusal To Waive First Article Testing Requirement

A firm protested the proposed contract award to any firm other than itself under an invitation for bids issued by the Army Troop Support and Aviation Materiel Readiness Command. The protester contended that the contracting officer was arbitrary, and capriciously refused to waive first article testing for its firm. The protester would have been the low bidder if first article testing had been waived. The waiver of first article testing requirements is a matter within the discretion of the procuring agency and will not be questioned by GAO in the absence of a showing that the decision was arbitrary or capricious. The agency's decision not to waive first article testing was not arbitrary or capricious since the record indicated that the firm had not produced the item solicited for over 2 years and the agency considered that to be an excessive time lapse in production. The protest was denied.