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B-172650 1 (1972-01-27)

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            ...  COMPTROLLER GENERAL OF TH  IT so 0*
            RELEASED      wAsHNoTON.DOc ZfU

  B- 17 26,50
                         77
  Dear Mr. Heistoski:

       As requested in your letter of April 8, 1971, we have
  reviewed charges made by your constituent that, through irreg- p
I ular labor practices, Burns and Roe Western Hemisphere Corpora-- 2of
  tion has made excessive profits under a Department of the Navy /
-contract for operating and maintainung a water desalinization
  and-ower plant at Guantanamo Bay, Cuba.

       The contract was awarded for 1 year, beginning July 1,
  1968, and had two 1-year renewal options which were exercised.
  The total negotiated contract price for the 3 years was approx-
  imately $1.8 million. The contractor, a subsidiary of Burns
  and Roe, Inc., is engaged primarily in water development engi-
  neering services. Its principal activities are located in
  Puerto Rico and Guantanamo Bay. Approximately 74 percent of
  1970 sales were made to the Federal Government.

       We estimated that the contractor's profit rate was 6.6 per-
  cent compared with a negotiated rate of 5 percent. Included in
  the estimated profits was about $75,000 due to payment of wage
  rates lower than the rates which had served as a basis for con-
  tract negotiations. Under the contract adjustment provisions,
  the lower labor rates actually paid should have resulted in a
  contract price reduction of about $60,000. We called the lower
  rates to the attention of the cognizant Navy command, and we
  plan a further meeting with Navy officials to provide them with
  additional information as may be needed for a recovery of con-
  tract costs. Burns paid about $4,600 less in food allowances
  than the amount negotiated. The contract did not provide for
  recovery of unpaid food allowances. Consideration should be
  given to this matter in future negotiations.

       Our findings relating to each of the constituent's charges
  are discussed below.

  EMPLOYEE QUALIFICATIONS AND WAGE RATES

  Allegation--Unqualified people were hired locally at Guantanamo
             Bay and were paid at wage rates lower than called
             for in the contract.

       Personnel files showed no evidence that employees had
  been unqualified or that any employee had been terminated for
  technical incompetence. In addition, the desalinization plant
  was reported by the Department of the Interior to have been
  operated at about 95-percent efficiency.

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