Chase Supply, Inc. d/b/a Chase Defense Partners (B-423244)

You should not care.

Category: Process issue

Date: 11 March 2025

URL: https://www.gao.gov/products/b-423244

Chase Supply, Inc., doing business as Chase Defense Partners, protested the Defense Logistics Agency’s award of a contract for air-duct hose assemblies to Crushproof Tubing Co. under RFQ #SPE7MX-25-24-R-X017. The protester alleged that DLA improperly waived the first article testing requirement for the awardee. Chase argued that the awardee had not previously received FAT approval under a prior contract and that its supplier’s prior FAT approval was based on a less rigorous standard:

• FAT waiver eligibility: GAO found that FAR 52.209-3(h) permits an agency to waive FAT when the offeror has previously furnished identical or similar supplies that were accepted by the government, even if FAT was not required in the prior procurement.
• Prior FAT approval: Although Chase initially alleged that the awardee had never received FAT approval, DLA provided documentation showing that the awardee’s supplier had obtained FAT approval for the same NSN and manufacturing source.
• Challenges to prior FAT approval: GAO ruled that whether the prior FAT approval was “less rigorous” or should have been conducted differently was a matter of contract administration, outside the scope of its protest jurisdiction.

GAO denied the protest, concluding that DLA reasonably waived FAT requirements based on prior successful contract performance and FAT approval.

Digest

Protest arguing that the agency improperly waived first article test requirements for the awardee is denied where the decision to waive first article testing was reasonable and in accordance with applicable procurement law and regulation.