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B-310357 1 (2007-12-07)

handle is hein.gao/gaocrptaujv0001 and id is 1 raw text is: A G A O Comptroller General . Accountability * Integrity * Reliability of the United States United States Government Accountability Office DOCUMENT FOR PUBLIC RELEASE Washington, DC 20548 The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of: Essan Metallix Corporation File: B-310357 Date: December 7, 2007 Kevin M. Cox, Esq., and Nancy M. Camardo, Esq., Camardo Law Firm, P.C., for the protester. Jason P. Matechak, Esq., Gregory S. Jacobs, Esq., and Steven D. Tibbets, Esq., Reed Smith LLP, for Maher, Ltd., an intervenor. Major Walter R. Dukes, and Leslie A. Nepper, Esq., Department of the Army, for the agency. Eric M. Ransom and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preperation of the decision. DIGEST An agency may properly exclude a defaulted contractor from the competition for the reprocurement of the work remaining under the terminated contract. DECISION Essan Metallix Corporation protests the Department of the Army's failure to solicit it in the agency's reprocurement of British stainless steel tubes under solicitation No. W52H09-07-T-5765. We deny the protest. The protester here was the awardee of the previous contract for the requirement, awarded on August 31, 2005. The subject reprocurement began after the protester's contract was terminated for default' on January 16, 2007. Agency Report (AR), 1 The protester's terminated contract was a contract for commercial items and thus included the termination for cause clause specified by Federal Acquisition Regulation (FAR) part 12 for commercial item acquisitions (FAR § 52.212-4), rather than the standard termination for default clause (FAR § 52.249-8). Although Essan was terminated for cause under FAR part 12, Essan's termination resulted from its failure to comply with the delivery schedule in its contract, and Essan's termination is described, variously, as for cause or for default in the record. For consistency, we will refer to Essan's termination as for default throughout this decision.

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