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B-208856 1 (1982-11-04)

handle is hein.gao/gaobadkry0001 and id is 1 raw text is: -1 '-VC_ fTI-HE COMPTROLLER GENJERAL DECISION OF THE UNITED STATES WASHINGTON. 0.C. 20548 B-208856 DATE: November 4, 1982 FILE: MATTER OF: Peace Corps - Request for Advance Decision DIGEST: Claim for retained funds from a contract for services performed in 1973 is not barred by the 6-year statute of limitations, 31 U.S.C. S 71a (1976), since the contract prohibited the agency from making final payment prio to completion of the final audit report, which was completed on April 21, 1982, at which time the claim first accrued. The Peace Corps (Corps) has- requested an advance decision regarding the propriety of payment of a claim for $481.05 submitted on April 20, 1982, by Arthur Young & Company for reimbursement of services rendered in 1973. The issue presented by the Corps is whether the claim is barred by the statute of limitations, 31 U.S.C. § 71(a) (1976). Based upon our review of the record, we find that the claim is not barred and may be paid by the Corps if otherwise correct. A cost-plus-fixed-fee contract was entered on April 27, 1973, and scheduled to be completed on September 30, 1973. Payment was to be made in accordance with paragraph 9, of the General Provisions, Allowable Cost, Fixed Fee, and Payment, and, pending establishment of final overhead rates, the contractor would be reimbursed indirect costs on the basis of the negotiated provisional rates included in the contract. Those rates would remain in effect until the contract was amended to include the final overhead rate. Paragraph 9 further provided that the contractor would be 01.33sVO

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