Protest of Government's Refusal To Issue Letter of Acceptability

A firm protested that the Government refused to issue it a letter of acceptability so that the firm could supply piping for installation at Navy construction projects. The firm alleged that since its piping passed all necessary laboratory tests, the Navy's assertion that the firm's piping did not meet design requirements of the heating system specifications was of no consequence. The firm stated that testing of the piping was based on the use of asbestos which was no longer permitted, and thus current suppliers of the piping held letters of acceptability based on prior testing that no longer met the specification requirements. Ordinarily GAO does not entertain protests concerning the award of subcontracts, but in this case the disagreement centered on the agency's interpretation of the specifications and GAO decided to consider the merits of the case. The protest was denied. The protester's contention that its underground heating conduit was not required to meet design specifications because the product passed laboratory performance tests was unreasonable and would result in rendering the design specification meaningless. The protester did not meet the burden of proof through unsupported allegations that current suppliers of underground heating systems certified that their products complied with previously issued letters of acceptability but were no longer eligible.