Protest Concerning Award of Reprocurement Contract

Skip Kirchdorfer, Inc. protested an Army reprocurement contract award to Van H. Revis for roofing work on two buildings at Fort Campbell, Kentucky, for work defaulted under a prior contract held by the protester. After the default termination, Kirchdorfer was awarded a requirements contract for roofing work on miscellaneous buildings on the post, at a maximum order limitation (MOL) of $10,000. The Army asked the protester to honor a delivery order for reroofing two buildings for $12,000 and was refused because the sum exceeded the $10,000 MOL, so oral proposals were solicited from other roofers having performed work at the post. The award went to a roofer for over $16,000. Kirchdorfer argued that the award breached its requirements contract and was improper because formal advertising was not used, current contractors were not solicited, the action was untimely, and the protester could have performed the work for $12,000 if permitted. This would exceed the MOL, but the protester argued that the amount per roof would meet the order limit. GAO found the reprocurement reasonable because Kirchdorfer had declined to do the work and excluding it was within the contracting officer's discretion. The protester was not entitled to receive the contract because it exceeded the amount of the defaulted contract and reaward would constitute modification of the existing contract without consideration. Other questions raised regarding the Army's duty to Kirchdorfer should be resolved by the agency's appeals board.