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B-187003 1 (1977-01-24)

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DECIUION * tt.i).i
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THE   OMPYLLEM UUNRAL
OF   THE UNITED STATUE
WASHINOTON, 0.C. *084U


PILE:     1

MATTER OF:


                fAwrtz  Jmary  As  197T

August Pares & Assoctates, Inc., and
Curtis and Davis Architects


   DIGEST:

          It inao  longer.necesary for contracting agencies
          to submit to GAO for app* oval claims for unliquidated
          damages for bveach of contract by Coveraent where
          contractin agency and contractor mutually agree to
          UettlCr._aL because.suc settlements are favored by
          courts and are not viewed as disputes beyond authority
          of contracting agencies to settle.

     The General Services Adadistration (GSA) has requested our
Office's authorization to settle a claim byjAugust Perez & Associates
Inc., and Curtis and Davis Architects (a joint enture) (Perez) based
on a breach of contract resulting from Coverment-caused delays in
the performance of contract No. GS-00-B-611.

   r The contract in question,was for design services for the
Department :of Health, lducation, and Welfares PubtieHealth Service
Roipital, Carville, Louisiana. The contiict was awarded on.October 12,
1966, and based on the schedule which reiulted from negotiations
between the parties, the iitict  was to be comleted by May 9,' 1968.
Duaig  the course of thec6tract,  Perez was to. submitvarious typeu
of drawigs  at preditermined tntervals and- the Governmnt was given
3 weeks -to, approve the drawings :so that 2aerez couldpio4eti to the
next phas&'of perfomance...,Yowever, becausejof :Govura'nt delays in
approving the dr inge. faifing to furnish information to the aichitect
such as eqlipment layouts and to select between alternatives presented
by the architects in a, tiiely-manner, the contract was not complete4
until May 16, 1972. Accordingly, a contract which was to have been
performed in 4pproilmately 1-1/2 years took 5-1/2 yers to complete.

     GSA states that except for a 7-week delay, not caused by the
Government, the remainder of the 4-year delay is directly attributable
to the Government.

     GSA and Peres ave agreed to settle the claim for damages
resulting from the above-mentioned dalays for $58,000, and GSA requests
our concurrence in this action.


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