Protest Alleging Improper Determination of Nonresponsibility

A solicitation for bids for trash removal services to be performed at two Veterans Administration (VA) hospitals in the Little Rock, Arkansas, area and at the Little Rock National Cemetery specified that the services should begin a few days after bid opening. When the low bidder was inspected only 2 days after the bid opening, he was found nonresponsive due to the lack of equipment, and the contract was awarded to the next lowest bidder. The rejected firm protested that the brief period of time allowed between bid opening and the date of performance was prejudicial to a small business concern because there was no time to make arrangements to obtain additional equipment. The protester also maintained that he had the right as a small business to apply for a certificate of competency (COC). The VA asserted that it could not suffer a disruption of trash removal services because of potential health hazards at the hospitals. Since an exception is no longer allowed under the COC statutory requirement, it was held that the VA must refer the question of a bidder's responsibility to the Small Business Administration. If a COC is still issued to the protester, he may accept award of the contract for the balance of the contract term, and the current contract with the next lowest bidder should be terminated.