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![handle is hein.gao/gaocrptageb0001 and id is 1 raw text is:
oComptroller General
of the United States
Washington, D.C. 20548
Decision
Matter of: Montage, Inc.
File: B-277923.2
Date: December 29, 1997
David M. Nadler, Esq., and Tina M. Ducharme, Esq., Dickstein, Shapiro, Morin &
Oshinsky, for the protester.
Kimberly L. Frye, Esq., Vicki O'Keefe, Esq., and George Brezna, Esq., Naval
Facilities Engineering Command, for the agency.
Guy R. Pietrovito, Esq., and James A. Spangenberg, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST
An agency may properly exclude a defaulted contractor from a reprocurement for
the remaining work in the defaulted contract; to the extent that PRB Uniforms, Inc.,
56 Comp. Gen. 976, 978 (1977), 77-2 CPD 213, and cases following that decision,
state that a contracting officer may not automatically exclude a defaulted contractor
from the competition for a reprocurement, those cases will not be followed.
DECISION
Montage, Inc. protests the Department of the Navy's failure to solicit it in the
agency's reprocurement of the replacement of the heating, air conditioning, and
ventilation (HVAC) system in the PFC Curtis B. Schooley U.S. Army Reserve Center,
Galax, Virginia.
We deny the protest.
On March 13, 1996, the Navy awarded to Montage contract No. N68925-96-C-A100,
an indefinite delivery, indefinite quantity, multi-trade construction contract. On
November 14, Montage received delivery order No. 0009 under this contract to
replace the HVAC system at the Schooley Center within 180 days of the order. On
June 12, 1997, the Navy terminated delivery order No. 0009 for default due to
[Montage's] failure to make progress in the work and for default in performance.
On June 17, the Navy offered this requirement as a sole source to Capitol
Contractors, Inc. through the Small Business Administration's section 8(a) program.
After Montage protested this intended noncompetitive award to our Office, the Navy
cancelled its request for a section 8(a) award and decided to obtain competition to
the maximum extent practicable by soliciting three sources, but not Montage.](ViewImageLocal?handle=hein.gao/gaocrptageb0001&div=1&collection=&method=preview&ext=.png&size=3)