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B-201290 1 (1981-05-08)

handle is hein.gao/gaobadvno0001 and id is 1 raw text is: 




                      THE COMPTROLLEl GENERAL
DECISION                  F T H E UN ITED STATES
                        A S SIG TON      0   .20548




FILE: B-201290                DATE:     May 8, 1981

-MATTER OF:


DIGEST:.


      GAO will not .review propriety of paying
      costs resulting from termination of
      contract for convenience of Government
      where contracting officer and contractor
      have entered into settlement of costs.
      Any additional costs claimed should be
      -handled in same manner. If settlement
      cannot be reached, matter should be
      resolved under procedures of Contract
      Disputes Act of 1978, 41 U.S.C. § 60i,
      et seq. (Supp. III 1979).


      An accounting and financing officer of the
,Department of the Air Force (Air Force) has requested
an ad ance decision under the authority of 31 U.S.C.
§ 74.(1976) concerning the propriety of      nt of a
settlement between the Air Force and

      For the following reasons, we will not review
 the settlement and, therefore, it may be paid.

      The Air Force issued an invitation for bids for
 the sale and removal of a building at Whiteman Air
 Force Base, Missouri. The solicitation did not
 contain a Service Contract Act wage determination,
 apparently because the Air Force felt that the wage
 determination provisions of the act did not apply
 to this contract. In performing the demolition and
 removal,           paid his employees less than the
 minimum wage. Based on a complaint by tWo former
 employees, the Department of Labor ruled that the
 act applied and that          should have been pay-
 ing his employees at the Kansas City labor rate, a

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