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B-185655 1 (1977-02-07)

handle is hein.gao/gaobadejm0001 and id is 1 raw text is: Aairev Gbager .tFee. I TH C@ MPT LLWS UNAL -** OUCION *P THU tPC1flP STATUS wasUIN0e 4. 0.C. Msm PILEoATs: e 7 11825 ) MATTR OF: COnsoidated Diesel lectric Company 1. No bests Is Sam -to relax. cotrtfgtto rebue contractor for gaeral, and' a istrative expemses a profit applicable to moist- -CFederal Exise Tax ,(FIT) contractor vs required to pay'tur=S Peirfoxuance of contract. -Contract's tuna claue povidd tat if ;,writta rulaing took effect after contract date rsulting in contractor, b ivrquired Ito pay VET, contract' price 'culd be Increased by mist of FIT-and thi L~ tt L fct occurred. Tkrtr. issue presented does got involve, reformation, but tethewr contractor has valid claim =ider terms of 'coatravt as wVittan. 2. Contractor's claim ah nraly b resolved through appeal 'to Armed Seivicea board of Contract' 4pala (ASSCA) Jmder contract disputes clause ile properly for consideration. if-contractor elect. to eubmit claim to GAO In lieu of pur- 2 ng appeal to ASICA, ad no material factu are disputed. 3. Clim Inovn .- locontractormd! i'title- umutto aneal and J~iiatatieiexpnses'and !profit on sotit 'of rlTederal4 £xziue 'Tax Q(Ffl)id duflug contraict: perfokmanc'la udenied. Invitaion I or bide', utatimant'itat FET was ineppiatile is ncyiwda eaigeffectivu'neua of. contract's'tuaiie clause (Af1 7-103.10(a)), and where contract Is specific as to price adjustm~ent for changes in tax circeatmees, adjustmentisL to be masde as parties up.- cifically provided foL. Contract'sa changes clause appear. Inapplicable and no reason Is. an why taxes clause provides basis for recovery of costs and profit clalmuid. This, daclsion Inovsa .clats fildL with our, of fice -by~ Coeslidaed DeselElecric oq~'y (C~g),a Divisio ofCdd C6 Cpwrtifi iconn~ct on witl_ iiis contract No. MAZO7-74-C-0134 witS th UieStates, AM Tank-Autovmtivea Comd. the claim Is for gSeneral and'administrctiv. (04A) expenses ad profit on an aat which CDZC states* It would have included in iLts bid to cover Federal Excise'Tax (FIT), but for the Army'sa misrepresentation in the invitation for bid. (IFB) that FPT was inapplicable. DIGE-T- -*~pr -B

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