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Waiver of First Article Testing Requirement

B-204396: May 17, 1982

A firm protested a contracting officer's decision not to waive first article testing on its ignition coil parts kits under an invitation for bids (IFB) issued by the Army. The protester asserted that the evaluation of its otherwise low bid to include first article testing costs was arbitrary and capricious and not in the best interest of the Government. Specifically, the protester alleged that it...

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B-204396, MAY 17, 1982

B-204396: May 17, 1982

DIGEST: WAIVER OF A SOLICITATION'S FIRST ARTICLE TESTING REQUIREMENT IS A MATTER WITHIN THE DISCRETION OF THE PROCURING AGENCY AND WILL NOT BE QUESTIONED BY GAO IN ABSENCE OF A SHOWING THAT THE DECISION WAS ARBITRARY OR CAPRICIOUS. GAO FINDS THAT CONTRACTING AGENCY'S DECISION NOT TO WAIVE FIRST ARTICLE TESTING WAS SUPPORTED BY THE RECORD WHICH INDICATES THAT. WAS ARBITRARY AND CAPRICIOUS AND NOT I...

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