Protest Against Determination That Bidder Was Nonresponsible Based on Poor Performance

The low bidder protested the determination by the contracting officer that it was nonresponsible because of poor performance on two contracts. The contracting officer's determination that the bidder was nonresponsible because of lack of perseverance and tenacity based on recent contract experience was sustained, notwithstanding the Small Business Administration's (SBA's) appeal of that determination which was denied by the head of the agency. The fact that the SBA disagreed with the determination did not invalidate the determination since the documented evidence was sufficient to support the determination.