[Request for Reconsideration of Sustained Protest and Recommended Corrective Action Under Corps of Engineers IFB]

B-211128.2: Oct 16, 1984

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The awardees under a Corps of Engineers solicitation requested reconsideration of a sustained decision in which GAO recommended that the Corps terminate the leases for the convenience of the government and make award to the protesters. The awardees contended that: (1) they would suffer hardship if the leases were terminated; (2) they should be afforded a hearing prior to any termination; and (3) the protesters had failed to perform adequately in the past. GAO held that: (1) a contractor's past performance is a matter of responsibility; (2) it does not review affirmative determinations of responsibility absent circumstances not present here; (3) a contractor who did not induce a procurement error can still be subject to correction action even when hardship will result; and (4) the request for a hearing prior to termination relates to contract administration which is not for consideration under bid protest procedures. Accordingly, since the awardees did not show any error of law or fact which would warrant reversal, the prior decision was affirmed.