Determination of Nonresponsibility Based on Lack of Tenacity and Perseverance
Highlights
The low bidder on certain items under an invitation for bids objected to the contracting officer's determination that it lacked tenacity and perseverance and was nonresponsible. A contracting officer's determination of nonresponsibility for lack of tenacity and perseverance may not be based on: 1) events which occurred more than 3 years prior to the determination when there is an adequate record of more recent experience; 2) a small overcharge; or 3) a legitimate question of contract interpretation. Such a decision may properly be based on an agency audit report even though the underlying data are not reviewed by the contracting officer or the protester; default of prior contracts based on those conclusions is presently under appeal.