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B-207639 1 (1982-11-19)

handle is hein.gao/gaobadkss0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION oF THE UNITED STATES 4> ~WASHINGTON, 0. C. 2054e FILE: B-207639 DATE: ?ovember 19, 1982 MATTER OF: American Technical Assistance Corporation DIGEST: Claim for reimbursement of increased con- tract costs resulting from delayed nego- tiation of final overhead rates after contract completion is not barred by the statute of limitations since it was re- ceived by GAO within 6 years of time final overhead rates were incorporated into contract by amendments at which time the claims first accrued. The Agency for International Development (AID) has forwarded a claim to our Office for $10,677.12 which it received from American Technical Assistance Corporation (ATAC). There is no dispute as to the validity of the claim but AID believes it might be barred by 31 U.S.C. § 3702 (formerly section 71a) which imposes a 6-year statute of limitations on claims against the United States. For the reasons discussed below, we hold that the claim is a valid obligation of the United States which is not barred by the statute of limitations. The claim arose under contract No. AID/csd-2978, a cost reimbursement contract for technical services executed June 30, 1971. Performance was completed on January 15, 1973. The contract provided that pending establishment of final overhead rates, the contractor would be reimbursed at negotiated provisional rates or at billinq rates acceptable to the contracting officer subject to appropriate adjustment when the final rates were established. On November 4, 1976, the contract was amended to specify the agreed final overhead rates for the period ending on June 30, 1972; the contract was further amended on September 19, 1980 to reflect the final overhead rates that were negotiated for the last performance period. 02370 1, J - ,

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