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B-197170 1 (1981-03-16)

handle is hein.gao/gaobadjey0001 and id is 1 raw text is: .-.. THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASH INGTON. 0. . 20548 I_7 /--I FILE: B-197170 DATE: March 16, 1981 MATTER OF: Booker T. Washington Foundation-- Reconsideration DIGEST: Claimant is not entitled to reformation of contract since evidence available does not provide clear and convincing proof of existence of mutual mistake. The Booker T. Washington Foundation (BTWF) requests reconsideration of our decision in the matter of Booker T. Washington Foundation, B-197170, July 28, 1980, 80-2 CPD 71. BTWF entered into a cost-reimbursement contract with the Department of Commerce (Commerce) for an amountrA not to exceed $725,000 covering the period December 1, 1975, through November 30, 1976. The period of perfor- mance was subsequently extended to November 30, 1977, and the amount increased to $1,325,000. The purpose of the contract was to further Commerce's minority business enterprise program. Article XVI of the contract stated that BTWF could only be reimbursed for its indirect costs at a maximum rate of 33 percent of its total direct costs. BTWF argues that the 33-percent figure 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 reimburse BTWF for its actual indirect costs incurred during the first year of contract per- * formance, BTWF convinced the contractina officer to revise the allowable indirect cost rate upward to 42.8 percent. Despite this decision, BTWF still disputed the disallowance of certain salary adjustments and, as a result, appealed the contracting officer's final decision to the Department of Commerce Appeals Board - (Board). The Government's answer to this appeal not only opposed the requested relief, but also challenged 'I the authority of the contracting officer to alter the 7 -I/

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