Allegation of Bidder Nonresponsibility Based on Performance on Prior Contracts

A firm objected to an award of a contract, alleging that the contractor should have been determined nonresponsible because of poor performance on prior contracts and that the contractor had been permitted to negotiate a price reduction. The protest against the agency's affirmative determination of the contractor's responsibility was not for review by GAO in the absence of an allegation of fraud or of failure to apply definitive responsibility criteria. Since the contract award was made on the basis of the contractor's low bid, reduction of that offer was permissible. There was no basis to object to the agency's decision to conduct preaward surveys of both the low and the second low offerers where there was reason to question the low offerer's eligibility for award and an urgent need for the material existed. Matters related to the possible termination of the contract for default and reprocurement of the requirement were not for consideration by GAO since they involved contract administration.