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B-197170 1 (1980-07-28)

handle is hein.gao/gaobadilh0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION (. OF THE UNITED STATES WASHINGTON. D. C. 20548 FILE: B-197170 DATE: July 28, 1980 MATTE OF: Booker T. Washington Foundation --- DIGEST:. Question concerning amount contractor can be reimbursed for its indirect costs will not be considered since matter has already been decided by Board of Contract Appeals. The Booker T. Washington Foundation (BTWF) re- quests reformation of Department of Commerce contract No. 6-36465 on the grounds of mutual mistake since, according to BTWF, the contract as executed does not reflect the intentions of the parties. BTWF entered into this cost-reimbursement contract for an amount not to exceed $725,000 covering the period December 1, 1975, through November 30, 1976. The period of performance was subsequently extended to November 30, 1977, and the amount increased to $1,325,000. The pur- pose of the contract was to further the Department of Commerce's (Commerce) minority business enterprise program. BTWF was to operate a Cablecommunications Resource Center and conduct a comprehensive national business venture development program for minority entrepreneurs in the field of cabletelevision and telecommunications. According to Article XVI of the contract, Overhead Rates, BTWF could only be reimbursed for its indirect costs at a maximum rate of 33 percent of its total direct costs. BTWF claims that the figure of 33 percent was intended to be only a temporary ceiling subject to later adjustment when the actual indirect costs became known. Thus, when it became apparent that the 33-percent rate would be inadequate to reim- burse BTWF for its actual indirect costs incurred during the first year of contract performance, the contracting I10

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