Protests concerning Determination of Responsibility and Bidder Capabilities

B-190326: Apr 18, 1978

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Two companies protested a contract award to any other bidder, the first contending that determinations by the procuring agency and the Small Business Administration (SBA) that it was not responsible were unfair, and the second questioning another bidder's ability to provide services. The SBA's decision sustaining the determination that the bidder was nonresponsible was not reviewable. An allegation that the protester was not given the opportunity to respond to complaints about prior performance was not sustained since the record indicated that the protester was aware of complaints and that the SBA considered the protester's position. Requirements for contract performance related to the bidder's responsibility and can be satisfied after bid opening; GAO does not review affirmative determinations of responsibility in these circumstances.