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B-195732 1 (1980-06-11)

handle is hein.gao/gaobadiio0001 and id is 1 raw text is: 






                           THE  COMPTROLLER GENERAL
DECISION                   OF   THE   UNITED STATES
                           WASHINGTO             C  20548

                           - .N'


FILE:


MATTER


DIGEST:


DATE:  June 11, 1980


OF:   Recording Obligations Under/EPA
      cost-plus fixed-feeContract'


1. Where Environmental Protection Agency
initially elected to charge no-year R & D
appropriation with expenditures for cost-plus-
fixed-fee coateact, continued use of the 3arn
appropriation to the exclusion of any other
is required for payment of cost overrun aris -
ing from adjustment of overhead rates to
cover actual indirect costs which exceeded
the estimated provisional rates provided for
in the contract.


           2. As general rule, cost overruns and contract
           modifications within scope of original contract
           should be funded from appropriation available *
           in year contract was made. Current appropria-
           tions may only be used if additional costs amount
           to new liability, not provided for in original
           contract. In instant case, original funds were
           no-year appropriations and are therefore
           aailable for both old and new obligations.

   An  Environmental Protection Agency (EPA) certifying officer
has ed our decision on several questions concerning the
proper appropriation against which to charge a $474. 03 cost
overrun on that agency's cost-plus-fixed-fee contract with the
Institute of Gas Technology for technical consulting services.
For the reasons that follow, the cost overrun must be charged
against the, same appropriation from which the original contract
was funded.

    The basic contract, with an estimated cost and fixed fee
totalling $28, 600, was executed on January 17, 1975, and was
later modified through a series of supplemental agreements to
extend the period of performance, adjust the number of man hours
or level of effort required from the contractor, and to revise the
negotiated overhead rates used to com ute the indirect cost. Of


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B-195732

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