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B-187723 1 (1977-09-22)

handle is hein.gao/gaobadfcc0001 and id is 1 raw text is: 









                         DCCUMENT USTIME

03639 - 132693861J

(Exclusion of Defaulted Contractor frs  New Competition for
Reproctrement]. E-167723. September 2?, 1977. 5 pp.

Decisioh re: PRE Uniforms, Inc.; by Robert F. Keller, Deputy
Ccnptrcller General.

Issue Area: Federal Procurement of Goods and services  (1900).
Contact; Office of the General Counsel: Procurement Law II.
Budget Function: General Government: Other General Government
     (606).
Organizaticn Concerned: Defense Logistics Agency: Defense
    Personnel Support Center.
Authority: Assignment of Claims Act of 1940, as amended  (31
    U.S.C. 203; 41 U.S.C. 15). A.S.P.B. 2-407.8(b) (3). .S.P.R.
    8-602.6. F.P.F. 1-6.602-6. 54 cusp. Gen. 161. 42 Coup. Gen.
    493. 54 Coup. Gen. 29. 54 Coup. Gen. 853. 27 Comp. Cen. 343.
    54 Comp. Gen. 973. i-186158 (1976). B-104172 (1976),
    t-181558  (1974). 2-171659 (1971). 9-165884 (1969). B-187476
    (1976). E-182318- (1975). B-18342.) (1975). B-181455 (1975).

         The protester, whose contract was terminated for
default, cbjected to the agency's failure to solicit them for
reprocurement. A defaulted contractor may not be automatically
excluded frca competition since such exclusion would constitute
an improper premature determination of nonres ponsibility. The
right of the defaulted contractor to be solicited upon
reprocureent  was limited by the rule that the repurchase
contract may not ke awarded to such a contractor at a price
greater than the terminated contract. (Author/SC)
























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