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B-198295.3 1 (1981-10-28)

handle is hein.gao/gaobadjvq0001 and id is 1 raw text is: THE COM PTROLLER GENERAL IEClSION ¢.OF THE UNITED STATES \ WASHINGTON. 0. C, 20548 FILE: B-198295.3 DATE: October 28, 1981 MATTER OF: Mark A. Carroll & Son, Inc.-- . Reconsideration DIGEST: Prior decision holding that VA had reasonable basis to consider bid ineligible for award is affirmed where request for reconsideration makes no showing of erroneous legal conclusions or information not previously considered. Mark A. Carroll & Son, Inc. (Carroll), requests reconsideration of our decision in Mark A. Carroll & Son, Inc.--Reconsideration, 60 Comp. Gen. (B-198295.2, July 29, 1981), 81-2 CPD 65. In that decision, we denied Carroll's request for reconsider- ation of the rejection of its bid submitted in response to a reprocurement solicitation issued by the Veterans Administration (VA) Medical Center for projects 78-003 and 78-004, under which Carroll was the prior contractor. Carroll was terminated for default under the original contract. The termination was subsequently converted to a termination for the convenience of the Government by the VA Board of Contract Appeals. During the time Carroll's appeal was pending, the reprocurement was conducted and Carroll's low bid was rejected because the bid price was higher than the defaulted contract price. We held that the VA had a reasonable basis to consider Carroll's bid ineligible for award under the rule set forth in MKB Manufacturing Corporation, B-193552, January 11, 1980, 80-1 CPD 34, that a reprocurement contract may not be awarded to the defaulted contractor at a price higher than the defaulted contract price because to do so would be tantamount to modifying the defaulted contract without consideration. PRB Uniforms, Inc., 56 Comp. Gen. 976 (1977), 77-2 CPD 213. I ..I__._:

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