B-219305.2: Sep 19, 1985

A firm protested a contract award to another firm under an Army solicitation for microcomputer equipment. The Army terminated the protester's contract for default after the protester failed to timely deliver the required items and awarded the contract to the second low bidder because it did not have time to resolicit the requirement. The protester contended that: (1) since the excess contract cost...

B-219305.2: Sep 19, 1985

PROTEST OF DEFAULTED CONTRACTOR THAT ITS EXCLUSION FROM THE REPROCUREMENT WAS CONTRARY TO THE GOVERNMENT'S DUTY TO MITIGATE DAMAGES RESULTING FROM THE DEFAULT WILL NOT BE CONSIDERED BY GAO SINCE WHETHER THE GOVERNMENT MET ITS DUTY TO MITIGATE DAMAGES IS A MATTER FOR RESOLUTION UNDER THE DISPUTES CLAUSE OF THE DEFAULTED CONTRACT. CONTRACTING AGENCY ACTED REASONABLY IN OBTAINING REQUIREMENTS FROM NE...