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B-198257 1 (1980-06-12)

handle is hein.gao/gaobadiip0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES W/ASH IN GTO N 0 C. 20549 FILE: B-198257 DATE: June 12, 1980 MATTER OF: Progress Payments Pursuant to Raytheon Company Contract DIGEST: Under fixed-priced, incremently funded contract, progress payments may be made to contractor up to 80 percent of total contract price so long as progress pay- ments do not exceed total amount of funds allotted to the contract. Major S. R. Moody, USA, Disbursing Officer, Defense Contract Administration Services Region, Boston, Massachusetts, requests our decision on the Lpropriety of e-tedprogress payments7 under contract No. F08635-79-C-0043 with Raytheon Comrpany. The Disbursing Officer disagrees with the contracting officer as to the extent of progress payments which may be allowed under the contract. The total contract price is $39,094,140 (sub- sequently increased to $39,506,140 by change order). However, the contract is being incremently funded, with $12,000,000 allotted initially and $18,978,500 allotted subsequently. An additional allotment of $8,527,640 is scheduled for fiscal year 1981. The contract provides that progress payments may not exceed 80 percent of the total contract price. Using the $39,506,140 figure to represent the total contract price, the contracting officer has approved progress payments to the contractor not to exceed 80 percent of $39,506,140. The Disbursing Officer believes that the total contract price means the total amount obligated so far to the contract. Under the Disbursing Officer's interpretation, the contractor has already been overpaid, since progress payments have been made in excess of 80 percent of $30,978,500, the total amount obligated to the contract as of this date.

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