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The protester argued the agency improperly waived first article testing (FAT) approval for the awardee as required by the FAR. GAO denied the protest. The plain language of the FAR allowed the agency to waive FAT approval if the government previously accepted similar supplies from that contractor.
Chase Supply, Inc- d/b/a Chase Defense Partners, GAO B-423244
- Protest – The protester protested an RFQ for air duct hose assemblies. It claimed the agency unreasonably waived the first article testing (FAT) approval for the awardee according to FAR clause 52.209-3(h). Supposedly, the FAR clause only allowed for waiver on a subsequent contract where the contractor had previously secured FAT approval on a prior contract.
- Decision – GAO denied the protest. As the agency argued, the plain language of the clause does not specifically require prior FAT approval, but allows for a waiver “where supplies identical or similar to those called for in the schedule have been previously furnished by the offeror/contractor and have been accepted by the Government.” FAR clause 52.209-3(h).
The protester was represented by Haley M. Sirokman, Matthew P. Moriarty, John M. Mattox II, and Timothy J. Laughlin of Schoonover & Moriarty LLC. The agency was represented by Katherine D. Sweat, Adam J. Heer, and John J. Pritchard of DLA. Suresh S. Boodram and Evan D. Wesser of GAO participated in the preparation of the decision.
— Case summary by Joshua Lim, Assistant Editor.
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