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B-250941.2 1 (1993-02-19)

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Comptroler General
of the Unitd States
Wahington, D.Q 20648



B-250941.2

February 19, 1993

The Honorable Olympia J. Snowe
Ranking Minority Member
Subcommittee on International
  Operations
Committee on Foreign Affairs
House of Representatives

Dear Ms. Snowe:

We refer to your letter of September 30, 1992, concerning
construction costs incurred by the Department of the Navy
under a contract with Entrecanales Y Tavora, S.A., to build
the United States pavilion for the Seville Expo. The Navy
procured and administered the contract for the United States
Information Agency pursuant to an interagency agreement.

During discussions with our evaluators, House Committee on
Foreign Affairs staff members asked us to determine (1) who
was responsible for approximately $2 million in construction
costs that exceeded the amount USIA had budgeted and
authorized the Navy to spend under the agreement, and
(2) whether the Navy or USIA should pay for those excess
construction costs. USIA has suggested that the Navy
improperly allowed the contractor to spend more money than
USIA had authorized, and that the Navy therefore should pay
that excess.

In our view, both agencies, in attempting to insure timely
completion of the Pavilion under difficult circumstances,
contributed to the additional costs. For the reasons
discussed below, we believe that the contract costs should
be paid out of USIA funds, subject to review by the Defense
Contract Audit Agency.

Background

In mid-June 1990, USIA approached the Navy about accepting
construction management responsibility for the Pavilion.
The Navy, however, was reluctant to do so because of the
short construction time-frame; the lack of detailed plans,
specifications and, at that point, exhibitors; and
uncertainty about the project's costs. Nevertheless, after
further consideration the Navy informally agreed to
undertake the construction management role, and USIA then
formally asked the Defense Department to task the Naval

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