Determination of Nonresponsibility Based on Allegations Concerning Performance

The low bidder protested the determination that it was not responsible because of its performance record and for lack of tenacity and perseverance. Since the solicitation did not provide for heavy duty performance, the agency improperly determined that the protester's equipment was incapable of performance. The protester also did not violate any contract requirement in not timely submitting a sample for testing. The contracting officer was remiss in relying entirely on allegations concerning the protester's lack of tenacity and perseverance and should have submitted a determination of the bidder's responsibility to the Small Business Administration for review.