Agency's Waiver of First Article Testing Requirement

A company protested a contract award, contending that the contracting officer's waiver of the first article testing requirement for the awardee resulted in unfair treatment of other offerors in the competitive range. The solicitation allowed waiver of the requirement for first article testing for bidders offering a product that had been previously furnished to the Government. The agency waived the requirement after receipt of best and final offers and so was not required to reopen negotiations with other offerors. The agency's reversal of its determination of nonresponsibility concerning the awardee was based on updated financial information and was not improper.