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B-212563 1 (1983-08-03)

handle is hein.gao/gaobabjaf0001 and id is 1 raw text is: 

      P           COMPTROLLER GENERAL OF THE UNIT ED STATES   6
                           WASI-INGTQN D.C. flSO

B-212%3                                   August 3, 1983

The Honorable William V. Path, Jr.
Chairman, Committee on Governmental Affairs
United States Senate

     Attention: Marikay Riney                    /
Dear Mr. Chairman:         Do nos. wsZ- Av 1z.ti tble to public r'ading *

     This is in reply to-your May 10, 1983, letter requesting our
views on the j ovisions of S. 1181, a bill entitled Construction
Contract Payment procedures Act of 1983.R
    equiTheLYlr'roud requireiFederal executeagencies, wnen they
    P-1~ ~ ~       f'Mctv -to 'ae),rgrs 48ym A  V kfr:. \1_1_
eeftO N-make  progrts *n               cons ruction contract, to
makepuch progress payments        Vfu   &_lie. t or ;ihout
re  ion-of anyport      of   eprogresspayment: ueunless the
contiactinqofficer fijnds and deeriesthat'the-contractor is
not    kiimakng txey$& otelrwise satiisfactory progr-ess towards
compTetion of the contract. Currently, the Government is
reimbtursing coritractors at rates ranging from 90 to 95 percent of
progress payments due under construction contracts.

   4JWedofrnot.believe:, thetptovisid'ns  ofa'the bill1 iftienacted,.
wOuldI1 .eZhsstet i th good_ rDse    .ractice orlwould provide
the   eral'overnmentte     rotie  &' o 'tna  retention of. a
percentage.. ofprogre~ssp aymentsnwi affords. It is general
bsnessprati      andwe            7plrvjudent one--to withhold a
por_ on of '_  nts on construcfionh ntrac6ts  -to  en sure
satxsfactory completion. Such withholding, serves to po ect
agPi'nt i'shoddyj3-' anship that may not be discovered 'until final
acceptancbe iznspe66tion by the Government. Further, on other than
fixed-price 'contr acts, the withholding also serves to guard
against the Government's paying for costs determined subsequently
to be unallowable.
              el!. alteh- \'-1A Jw L4_        -- ' rL 'befor
     In recent testimony reiated    part-to thisssue, before
your'.Committee, the r4'nseIDeputy Inspector Genera, i.\Derek
Vander- Schaafr;also., indicatedg-that iretiention of a.percent4age of
progress payments'has 'substantial v&-le. While 'he testimony
covered progress 'payniit rates for dther than constrution
contracts, we believe the issu'e is the same as that rgdised 'by S.
1181. The Department of Defen 'e (DOD).increased payment rates in
1981 from.85 percent for small businesses and 80 percent for large
contractors, to 95 and 90 percent, respectively. Mr. Vander
Schaaf indicated that with recent decreases in inflation and
interest rates, DOD should consider reducing the current high
progress payment rates.

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