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Determination of Nonresponsibility Based on Lack of Tenacity and Perseverance

B-187193 Mar 16, 1977
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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.

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