Determination of Nonresponsibility Based on Technical Unacceptability of Proposal

The chief issue in a contract award protest was whether the contracting officer had to refer to the Small Business Administration (SBA) the determination that a small business concern was nonresponsible. Nonreferral to the SBA was proper since the determination of nonresponsibility was based upon technical unacceptability of the offerer's proposal. The question of the basis for determining technical unacceptability was not relevant since the protester admitted that it had not provided all material necessary to establish acceptability by the closing date for negotiations. The determination of whether to issue a solicitation for a procurement while a protest is pending under another solicitation is a matter for agency discretion.