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B-198295.2 1 (1981-07-29)

handle is hein.gao/gaobadjpa0001 and id is 1 raw text is: /-' .z\~ THE COMPTROLLER GENERAL DECISION . N- OF THE UNITED STATES WASH iNrGTON, 0.C. 20546 L.~UNIT FILE: B-198295.2 OATE: july 29, 1981 MATTER OF: Mark A. Carroll & Son, Inc.-- Reconsideration OIGEST: Where agency rejects bid from defaulted contractor on reprocurement contract because bid price exceeds defaulted con- tract price, subsequent alteration of default termination to termination for convenience pursuant to decisions and orders of board of contract appeals does not render improper rejection of reprocurement bid since at time of rejection agency had reasonable basis for its action. Mark A. Carroll & Son, Inc. (Carroll), requests reconsideration of our decision in the matter of Mark A. Carroll & Son, Inc., B-198295, August 13, 1980, 80-2 CPD 114. In that decision, we denied Carroll's protest against the rejection of its bid submitted in response to a reprocurement solicitation issued by the Veterans Administration Medical Center for projects 78-003 and 78-004. We also denied Carroll's claim for bid preparation costs. Projects 78-003 and 78-004 were originally awarded to Carroll in October 1978. Carroll's contract was terminated for default on September 21, 1979. This Office denied Carroll's protest in our earlier decision on several grounds. First, we declined to consider Carroll's contentions that the termination of its contract was improper because that was a matter for resolution of the contracting parties. Similarly, we dismissed Carroll's argument relating to the similarity of work under the reprocure- ment and the defaulted contract, because those matters were then pending before the Veterans Administration Board of Contract Appeals. 12

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