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104925 1 (1977-02-03)

handle is hein.gao/gaobacxqg0001 and id is 1 raw text is: 




                        UNITED STATES GENERAL ACCOUNTING  OFFICE  -
                                    REGIONAL  OFFICE
                                SUrrM s0-, we W. 26TH AVENUE                        U104925
                                DENVER, COLORADO   80211

                                                                    4A 7


Dr. W. R. Lucas, Director
George C. Marshall Space Flight  Center
National Aeronautics And Space Administration
Marshall Space Flight Center, Alabama   35812

Dear Dr. Lucas:

     The General Accounting Office has  completed a review of Contract
HAS 8-31665 awarded August 13,  1975, by the Marshall Space Flight Center
-Warshall) to the Martin Marietta  Corporation (Martin Marietta), Denver
Division.  The.basic contract was  for 322 Pyrotechnic Initiator Controllers
(PIC), three test sets and data  at a value of $1,900,000.  The current
value of the contract through modification  30 is $2,600,911.

     This contract was selected as  part of a survey of procedures and
practices used by civil agencies  to negotiate noncompetitive contracts
with prices exceeding $100,000.   Our objectives were to determine whether
the Marshall Space Flight Center required Martin Marietta  to furnish cur-
rent, complete, and acturate cast or  pricing data as required by Title 10
U.S.C. 2304, Truth in Negotiations Act,  and the National Aeronautics and
Space Administration's implementing procurement  regulations, and whether
Marshall evaluated and relied upon that data  in negotiating the contract
price.

     The Truth in Negotiations Act, requires  that with certain exceptions,
contractors be required to submit coat or pricing data  in support of pro-
posed prices for noncompetitive contracts  and contract modifica:ions expected
to exceed $100,000.  In addition, contractors  are required to certify at the
time of negotiations that data submitted  is current, complete, and accurate.
A clause is inserted in the contract which  gives the Government a right to
a price reduction where it is determined that  the price was increased
because the data subm:tted were not  in accord with the certification.

     Our conclusions and recommendations are  summarized below.  Briefly,
we believe that had Martin Marietta provided current, complete,  and accurate
data concerning the cost reduction  studies ongoing at the time of negotiations,
the contracting officer would have had a  sound basis for reducing the current
price by $83,649.-Additionally,  Martin Marietta will realize-a substantial
unanticipated profit resulting  from savings on material purchases, because
the contracting officer at Marshall  failed to follow up on recommendations
contained in the Defense Contract Audit Agency  (DCAA) audit report.


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