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![handle is hein.gao/gaocrptaftz0001 and id is 1 raw text is:
oComptroller General
of the United States
Washington, D.C. 20548
Decision
Matter of: ATA Defense Industries, hie.
File: B-275303
Date: February 6, 1997
Claude P. Goddard, Jr., Esq., Kilcullen, Wilson and Kilcullen, Chartered, for the
protester.
Col. Nicholas P. Retson, and Maj. Scott D. Schuler, Department of the Army, for the
agency.
Andrew T. Pogany, Esq., and Michael R. Golden, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST
Reprocurement, following termination for default, through issuance of a delivery
order under a Federal Supply Schedule (FSS) contract is proper where agency has
an immediate need for the equipment and there are no known sources of supply
other than the FSS contractor and the defaulted contractor.
DECISION
ATA Defense Industries, Inc. protests the issuance of a delivery order by the U.S.
Property and Fiscal Officer, National Guard Bureau, Departments of the Army and
the Air Force, Jackson, Mississippi, to Caswell International Corporation for moving
tank targets under the General Services Administration's Federal Supply Schedule
(FSS) contract No. GS-02F-0434D. The delivery order is a reprocurement of the
same items that had been awarded to ATA. ATA's contract was terminated for
default.
We deny the protest.
ATA was the low bidder under two-step sealed bidding solicitation No. DAHA22-95-
B-0003 at a price of $444,000 for a quantity of 10 moving tank targets (Armored
Moving Target Systems) in August 1995; award to ATA was delayed until
February 16, 1996, as a result of a protest filed by Caswell, the only other offeror.
In August 1996, ATA requested a 60-day extension for delay caused by the Caswell
protest. The protester and the contracting officer executed a bilateral contract
modification, effective August 28, 1996, which recognized that ATA had experienced
excusable delay as a result of the Caswell protest, and the [c]ontract delivery date
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