B-185890: Jun 29, 1976

WHERE BID AS SUBMITTED IS AT BEST AMBIGUOUS AS TO WHETHER IT WAS QUALIFIED CONCERNING WAIVER OF FIRST ARTICLE TESTING. WAIVER OF REQUIREMENT FOR FIRST ARTICLE TESTING IS MATTER WITHIN SOUND DISCRETION OF PROCURING AGENCY AND WILL NOT BE QUESTIONED BY GAO ABSENT SHOWING THAT DECISION WAS ARBITRARY OR CAPRICIOUS. 3. WHICH PROTEST WAS SUBSEQUENTLY WITHDRAWN. THE BID WAS CONSEQUENTLY DETERMINED TO BE...

B-185890: Jun 29, 1976

A company protested the rejection of its bid as nonresponsive because it qualified its bid on the waiver of first article testing. Since the bid was conditioned on the waiver, the ambiguity of the protester's bid rendered it nonresponsive. The waiver of the first article testing is a matter within the discretion of the agency and is not subject to questioning by GAO...