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B-187193 1 (1977-03-16)

handle is hein.gao/gaobadelg0001 and id is 1 raw text is: THE COMPTEOLLUE UUENA L CUDCISION OF THU UNITED UTAvEE WASMINUTON. D.C. *054U FILE: B-187193 DATE: Harch 16, 1977 MATTER OF,: United Office Machines DIGEST: 1. While ordinarily GAO will not review determiations of nonresponsibility based on lack of tenacity and perseverance where SBA declines to contest that determi.Lion, contracting officer's determination will be reviewed here because SBA timely indicated intent to contest determination but suspended antion when protest was filed. In future, SBA should not suspeM such action when protest is filed. 2 Contracting officer's determination of nonresponsibility for lack of tenacity and peroeverance may not be baed on eants which occurred more than 3 years prior to determination when there is an adequate reco'M of more recent experience because FPR £ 1-1.1203-1 pr6videa that such unsatisfactory performance must be'related to serious deficiencies in current or recent contracts. 3. Contracting officer's determination of nonresponsibility for lack of tenacity and perseverance may not be based on (1) <cvercharge of $22.80,11and (2) legitimate question of contract interpretation because FFR I 1-1.1203-1 provides that such unsatisfactory performance must be related to serious deficiencies. 4. Contracting officer's determination of nonrespuasibility for lack of tanacity and perseverance may properly be based on agency audit report even though (1) underlying data is not reviewed by contracting officer or pi'z tester, and (2) default if prior con- tracts based on those conclusions is presently under appeal. Uni ed Office Machinec'(U0M), the low bidder on certain items under invitations for bids (IFB's)7Nos. GS-6FWR-7003 and GS-6FWR-7006, iscued by the General Services Administration (GSA) for repair end.maintenance of office machines during the period October 1, 1976, through September 30, 1977, protests the contradting officer's determination that it lacked tenacity and perseverance because U0( was defaulted by GSA on two prior contracts for simil..r services and, therefore, was nonresponsible. The contracting .fficer, pursuant to Federal Procurement Regulations (FPR) -1 * 1 I N

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