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B-198395 1 (1982-02-23)

handle is hein.gao/gaobadkcb0001 and id is 1 raw text is: 
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DECISION


TH - Mp'ROLLER OGINERAL
OF TH.E UNITEDi STATEIS


WAElH IN GTO N,


FILE; B-198395


P..  O5s46


DATE: February 23, 1982


MATTER OF: Phora


DIGEST;


     Denial' of A.: claim for payment fbr
     repaits all49.gedly made under informal
     arrangemente on out-of-warranty Army
     trainin9] aids is sustained because there
     is evidence indicating that repalrs may
     have been no-oost warranty repairs and
     because costs for repair services have not
     been shown by claimant to be fair and rea-
     sonable. Therefore, the claim is of doubt-
     ful validity.

  S  Phora, a coirporation located in-Germany, has

;equested reconsideration of our Claims-Group's
denial of a claiiii submit.ed on its behalf by its
b usiness assoCiate, Beseler International Corpora-
tion (Beseler)'. The cJaim1s for reimbursement by
the Army of 30,683.11 German - marks (D)-for'repairs'
to allegedly out:-of-warranty training aids (cue/,
See projectors) repaired in Europe during 1975 and
1976. Based upon !our revifw of the record, we
deny the claim.

     Beseler had acbasic ordering agreement with
the Army which contemplated performance of the
repairs in question- however, Beseler did not
perform .hese repairs.  The repairs were performed
under informal arrangements made by Army employees
with representatives of Phora.

     our Claims Group considered that the evidence
of record was insufficient to determine whether
the projectors were, in fact, out-ofiwarranty
at the time tOe repairs were made.   Specifically,
a September 5, 1979, Army legal memo noted that
the record did not contain any analysis showingt
that each [repair] represunted an 'out-of-warranty'
repair service as distinguished from a 'no-cost'


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