[Protest of Air Force Contract Award for Runway Sweepers]

A firm protested a contract award to another firm under a solicitation for airport runway sweepers, contending that: (1) the Air Force improperly waived the solicitation's first article testing requirements by accepting the awardee's bid; (2) the awardee's bid was nonresponsive because it had not previously produced or supplied the offered product; and (3) the Air Force failed to conduct an adequate preaward survey to determine the awardee's responsibility. The awardee, a former subsidiary of the protester, offered a product previously sold by the protester, but for which the awardee had acquired trademark rights. GAO held that: (1) the Air Force properly waived the first article testing requirements based on previous sales by the protester of the product offered by the awardee; (2) the Air Force properly determined that the awardee's bid was responsive based on the protester's previous production of the offered product; and (3) it would not review the Air Force's affirmative determination of responsibility concerning the awardee absent indications of fraud, bad faith, or violations of procurement regulations. Accordingly, the protest was denied in part and dismissed in part.