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From the documents you have provided to us. Therefore are not considered by this Office. The AAFES contracting officer informed you that your claim would not be considered because it was not received within 90 days of termination of performance of the concession contract. The heads of specified executive agencies are authorized to enter into. If this authority is exercised by the head of an executive agency. Have any authority under Public Law No. 85-804 to alter the terms of a contract to provide the contractor with monetary relief. Enclosed for your information is a copy of the Federal Acquisition Regulation provisions (48 C.F.R.

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B-227648, Aug 12, 1987

PROCUREMENT - Contract Management - Contract administration - Contract terms - Modification - GAO authority DIGEST: General Accounting Office has no authority under Public Law No. 85 804 to alter the terms of a contract to provide the contractor with monetary relief; that authority rests solely with specified executive agencies.

Ms. Alyce A. Jones:

This responds to your letter of June 29, 1987, requesting this Office to reopen under Public Law No. 85-804, 50 U.S.C. Secs. 1431-1435 (1982), a claim you asserted in regard to your contract No. ALER 82-48 83-107 with the Army and Air Force Exchange Service, San Antonio, Texas. As discussed below, Public Law No. 85-804 does not authorize this Office to take the action you request.

From the documents you have provided to us, we understand that by letter to the AAFES of May 1, 1987, you claimed entitlement to monetary relief in connection with a 1983 optical service concession contract with the AAFES. (Under the Contract Disputes Act of 1978, 41 U.S.C. Secs. 601-613 (1982), claims relating to a contract must be submitted to the contracting officer for decision, and therefore are not considered by this Office. Wall Irrigation Service, 61 Comp.Gen. 114 (1981), (81-2 CPD Para. 100.) By letter of May 20, the AAFES contracting officer informed you that your claim would not be considered because it was not received within 90 days of termination of performance of the concession contract. You ask that we reopen the claim based on your understanding that Public Law No. 85-804 gives us the authority to do so.

Under Public Law No. 85-804 and implementing Executive Orders, E.O. Nos. 10787 and 11610, the heads of specified executive agencies are authorized to enter into, amend or modify contracts without regard to other provisions of law whenever such actions would facilitate the national defense. If this authority is exercised by the head of an executive agency, Public Law No. 85-804 requires that the resulting contract include a clause providing this Office with access to the pertinent books and records of the contractor until 3 years after final payment. We do not, however, have any authority under Public Law No. 85-804 to alter the terms of a contract to provide the contractor with monetary relief; that authority rests solely with the specified executive agencies. Enclosed for your information is a copy of the Federal Acquisition Regulation provisions (48 C.F.R. Part 50) that implements Public Law No. 85-804.

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