Protest Involving COC Procedures

J. L. Butler (Butler) protested the award of a contract by the Forest to James H. Mahoney (Mahoney). Butler alleged that his quotation was lower than Mahoney's, that he had the financial ability and experience to perform the work required, that he had successfully completed other contracts for the contracting agency in the past, and that he was intimately familiar with the work to be done and the area involved. Butler requested that the contract to Mahoney be terminated and award made to him. In explaining its decision, the Forest Service stated that the basic reason Butler's low quotation was not selected for award was that Butler's Qualification Questionnaire showed that he had not visited the work site and gave no indication of prior experience in the type of work required. In addition, the contracting officer also considered the Forest Service's strained relationship with two sons of Butler on other contracts. No small business concern may be precluded from award because of nonresponsibility without referral of the matter to the Small Business Administration (SBA). Since the Forest Service made such a determination without referral to SBA, the protest was sustained. Although relief could not be recommended because performance under the contract was almost complete, the matter was brought to the attention of the Secretary of Agriculture to recommend that appropriate action be taken to prevent recurrence of the error.