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B-199013.2 1 (1981-10-29)

handle is hein.gao/gaobadjvt0001 and id is 1 raw text is: (qqjO , THE COMPTROLLER GENERAL DECISION ~OF THE UNITED STATES DWASHINGTN, O.IO. 2054e L N I T V j FILE: B-199013.2 DATE: October 29, 1981 MATTER OF: McQuiston Associates--Reconsideration DIGEST: 1. Question of whether contract should be terminated for default and whether defaulted contractor should be held liable for excess reprocurement cost is a matter within the jurisdiction of the Armed Services Board of Con- tract Appeals under the disputes clause of the contract and is not for consideration by GAO. 2. Dismissal of protest against award as untimely is affirmed since protester knew of award on May 1, 1980, and believed that it was improper but did not protest until May 19, 1980, which was more than 10 working days later. McQuiston Associates (McQuiston) requests that we reconsider our decision in McQuiston Associates, B-199013, September 1, 1981, 81-2 CPD 192. Our decision denied McQuiston's protest against the United States Army Missile Command's failure to invite it to bid under invitation for bids (IFB) DAAH01-80-B-0556 for the reprocurement of the terminated portion of McQuiston's contract. The basis for the denial was that competition and a reasonable price were obtained on the reprocurement and it did not appear that the contracting officer intended to exclude McQuiston from bidding on the reprocurement. Our decision also dismissed McQuiston's protest against the award of order 145 on the basis that the protest was untimely.

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