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B-198295 1 (1980-08-13)

handle is hein.gao/gaobadimg0001 and id is 1 raw text is: ,* .LL . t. - THE COMPTROLLER GEN A OECISION O F a THE UNITED STATES WASHINGTON. D.C. 20548 LNITED FILE: B-198295 DATE: August 13, 1980 MATTER OF: Mark A. Carroll & Son, Inc. DIGEST: 1. Dispute concerning4termination for default nd reprocurement is matter of contract administration which is for resolution by contracting agency, not GAO. 2. Reprocurement contract may not be awarded to defaulted contractor at price greater than terminated contract since award would be t4ntamount to modification of existing contract without consideration. 3. Bid preparation costs will not be allowed where rejection of low bid was not arbitrary or capricious. The Veterans Administration Medical Center, Manchester, New Hampshire, solicited for the reno- vation of ward 18 in building No. I at the hospital. The solicitation is a reprocurement for projects 78-003 and 78-004 that had been awarded to Mark A. Carroll & Son, Inc. (Carroll), in October 1978. Carroll's contract was terminated for default on September 21, 1979. On resolicitation, Carroll submitted two bids. The first bid was based on six drawings which were in Carroll's defaulted contract. The second bid was based on these six drawings plus drawing No. 7, a clarification drawing. Only Carroll's bid based on six drawings was low; however, the bid price was higher than its defaulted contract price. The contracting officer determined that Carroll's low bid was nonrespon- sive because it was based on six drawings instead of seven. Carroll protested this decision to the contract- ing agency. The protest was denied, and a contract was awarded to another firm.

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