Protest Against Determination of Nonresponsibility and Award of Contract Prior to Appeal

The protester objected to the rejection of its low bids under two solicitations because of a determination of nonresponsibility based on a prior default termination. The determination of nonresponsibility was proper even though the prior termination action was under appeal. The record adequately supported the urgency determination by the contracting officer to make the award prior to the period for appeal by the Small Business Administration of the nonresponsibility determination. There was no procurement regulation requiring that the protester be furnished a preaward notice of the rejection of its bid.