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B-201180 1 (1980-12-29)

handle is hein.gao/gaobadito0001 and id is 1 raw text is: 
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                        THE  COMPTROLLER GENERAL
DECISION                OF   THE   UNITED STATES
                         WASHINGTON. D. C. 20548




FILE:      B-201180           DATE: December 29, 1980

MATTER  OF:      Interracial Council for Business
                Opportunity                     O-

DIGES-T

       Where Government contract contains
       express stipulation of amount to be
       paid, and there is no price adjustment
       clause, no basis exists for reforming
       contract to increase contract price.
       Fact that unforeseen recession occurred
       does not empower GAO to reform contract
       based upon equitable considerations. »1

       Th 'eInterracial Council for Business Opportunity
  (ICBO) has requested reformation of its contract with
  the Department of Commerce (contract No. 4-36481) to
  increase the Federal share which is due to the ICBO
  under the cost sharing agreement.The ICBO argues
  on equitable grounds that those provisions of the
  contract which limit the percentage of costs which
  the Department of Commerce must reimburse to the
  ICBO should be deleted in their entirety

       We find no basis for granting the relief requested
  by the ICBO and, therefore, the request is denied.

       The contract was a cost-reimbursement-type contract
  which called for partial rei ursement of allowable
  costs incurred by the ICBO. The ICBO was to serve as
  a national business development organization operating
  local business development organizations throughout the
  nationQ  The contract, as amended, called for performance
  by the ICBO from February 1, 1974, through December 31,
  1975, and set a ceiling of $1,820,010 on the total amount
  of the Federal payments which would be made to the ICBO.
  However, a Ocle IV of the contract, entitled Allocation
  of Costs, povided that, in order to qualify for reim-
  bursement o the maximum Federal share, the ICBO had to
  incur allowable costs under the contract in an amount
  equal to 75 percent of the ICBO's total operating budget
  for each year of the contract period  Article IV further
  stated, in pertinent part, that:

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