Exclusion of Defaulted Contractor from New Competition for Reprocurement

The protester, whose contract was terminated for default, objected to the agency's failure to solicit them for reprocurement. A defaulted contractor may not be automatically excluded from competition since such exclusion would constitute an improper premature determination of nonresponsibility. The right of the defaulted contractor to be solicited upon reprocurement was limited by the rule that the repurchase contract may not be awarded to such a contractor at a price greater than the terminated contract.