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B-176498 1 (1973-10-02)

handle is hein.gao/gaobaadfr0001 and id is 1 raw text is: 


               COMPffROLJ rn ENEvtALop TH UNITEDS TATES



3476498                                     October 2p 19731
                                                                       em


            9 *


AVIR Asoiitesp Inc.,
VA Reistertown  oad
altimro, Marland 212

     Attentions Kr. Ia* Stern
                 Prosident
Wantlemin:

     We refer to yourletter of August 24, 373p requestiog
reconoideration of decision B-176498p Jane 6, 1973, which denied
your quatum._eudtfquantuavalebant cLaim in connection vitb
Air Force contrat F3361-69w{-13fl37

     The contr at called for a research and development program
And the conducting of certain erperlmental tests Analysis of
ali data was to be performed, correlated with other theories,
and a technical report was to be submitted6 Your compan success-
tulLy ccxpleted the report oa3led for by the contract.

     The contract was of the cost-plus-fixed-fe type, which provided
for an estimated cost of $92,370 and a fixed fee of $3,434. The con-
tract contained a Limitation of Cost clause, Thin provision ite-
quired that, for increases in amounts payable under the contract,
notice of such increases must be Given to the contracting officer
and he must authorize such increases. Ieither party to the contract
would have had any obligation to perform further once the originaMy
agree d upon funds had been expended. sOy an aMmenant for an in-
crease in fundlng could have obligated the contractor to perform
furtber.

     During the course of' permaaee of the contract, your coaw
blUed the Air Force for overhead at a provisional rate of 50 pere
nent and GMA at 10 percent. Although questioned by the contracting
officer as to the 'accurmq of thes. rates, at no time did your




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