[Protest of Army Rejection of Bid for Construction]

B-241046.2: Feb 1, 1991

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A firm protested the Army's rejection of its bid for construction, contending that the: (1) Army acted in bad faith when it issued unsatisfactory performance evaluations and a determination for default under previous contracts; (2) Army's nonresponsibility determination lacked a reasonable basis; and (3) Small Business Administration (SBA) ignored critical information in determining its responsibility. GAO held that: (1) the Army and SBA properly considered a default termination in determining the protester's responsibility; (2) it would not consider the protester's challenge of a contract termination; (3) it would not review the Army's nonresponsibility determination, since SBA reviewed the protester's certificate-of-competency application; and (4) SBA had sufficient information with which to determine the protester's responsibility. Accordingly, the protest was denied.