[Protest of Proposed Forest Service Contract Award]
Highlights
A firm protested the proposed award of a contract to the high bidder at a Forest Service timber sale, contending that the high bidder should not be eligible for award because it had defaulted on previous timber sale contracts and that the Government had not required it to pay amounts owed under those contracts. Forest Service regulations require that timber sale contracts be awarded to the highest bidder found capable of satisfying the conditions of the contract. Although past performance is a factor taken into account in considering a firm's responsibility, GAO has held that automatic exclusion of a defaulted contractor from competition generally constitutes an improper premature determination of responsibility. Further, GAO does not review affirmative determinations of responsibility except in limited circumstances. Since the protester did not allege that an exception applied here, GAO found no basis to question the contracting agency's determination. The protester's allegations regarding the Forest Service's enforcement of existing contracts is a matter of contract administration and was not for consideration by GAO. Accordingly, the protest was dismissed.