A firm protested a Navy contract award, contending that: (1) the Navy should have waived the testing requirement in evaluating its bid; (2) it was the Navy's responsibility to ask for additional information regarding a bidder's recent production of the required product; and (3) the awardee did not obtain prior approval of its product. GAO noted that: (1) the solicitation required first article tes...

THE CONTRACTING AGENCY REASONABLY DENIED WAIVER WHERE THE ONLY CONTRACT IDENTIFIED BY THE BIDDER WAS A 1968 CONTRACT. THE BIDDER SHOULD HAVE KNOWN TO IDENTIFY SUCH CONTRACTS FOR THE PURPOSE OF OBTAINING WAIVER OR TO RAISE THE MATTER PRIOR TO BID OPENING. FAILURE TO NOTIFY PROTESTER OF AWARD TO ANOTHER BIDDER IS MERELY A PROCEDURAL DEFICIENCY AND DOES NOT AFFECT THE VALIDITY OF AN OTHERWISE PROPERL...