Report of the Commission on Government ... - Bayhdolecentral

70 Part G
DISPUTES ARISING IN CONNECTION
WITH CONTRACT PERFORMANCE
Thirteen Federal agencies submitted responses
in <strong>the</strong> form <strong>of</strong> pr<strong>of</strong>iles that represent
a sampling <strong>of</strong> contract disputes over recent
years.
The pr<strong>of</strong>iles requested <strong>the</strong> following information:
Name <strong>of</strong> contractor and size <strong>of</strong> business
Real party in interest and size <strong>of</strong> business
Type <strong>of</strong> contract-method <strong>of</strong> payment,
purpose, and method <strong>of</strong> selection
Method <strong>of</strong> payment provided in contract
Purpose <strong>of</strong> contract
Method <strong>of</strong> selection <strong>of</strong> contractor
Object <strong>of</strong> appeal
Amount sought on appeal
Organizational unit where appeal originated
Contract provisions involved in dispute
Docket and decision dates
Was <strong>the</strong>re a hearing
Were accelerated procedures used
Manner <strong>of</strong> resolution
Amount <strong>of</strong> settlement or award
Appeal to a higher level
About 2,187 pr<strong>of</strong>iles were received from <strong>the</strong>
13 agencies covering disputes brought before
nine agency boards <strong>of</strong> contract appeals during
<strong>the</strong> period October 1967 through June 1971. In
addition, 597 pr<strong>of</strong>iles <strong>of</strong> disputes at <strong>the</strong> contracting
<strong>of</strong>ficer level were received. The data
collection effort at <strong>the</strong> contracting <strong>of</strong>ficer level
was made on a more limited basis and covered
a shorter tirnespan. While no attempt was made
to relate a particular dispute at <strong>the</strong> contracting
<strong>of</strong>ficer level to <strong>the</strong> corresponding board
appeal, some <strong>of</strong> this information can be found
in <strong>the</strong> original pr<strong>of</strong>iles.
NUMBER OF PROFILES RECEIVED
Board level
AECBCA
COMMBCA
ASBCA
ENGBCA
DOTCAB
GSABCA
mCA
NASABCA
VACAB
Total
1/
Number <strong>of</strong>
pr<strong>of</strong>iles
30
23
937
514
51
348
79
53
152
2,187
Contracting
<strong>of</strong>ficer level
AEC
Air Force
Army
Navy
GSA
NASA
Total
Total from both levels
DECISION DATES OF PROFILES
Earliest Moat recent
Board level dat, date
AECBCA Jan. 68 Jan. 7l
ASBCA May 70 Apr. 7l
COMMBCA June 64 Apr. 7l
ENGBCA Sept. 60 June 71
DOTCAB Jan. 69 Mar. 71
GSABCA May 69 June 71
mCA Oct. 67 May 7l
NASABCA Apr. 69 June 71
VACAB June 68 May 7l
Contracting Rarlieat Most recent
<strong>of</strong>ficer level date date
AEC Dec. 67 Mar. 7l
Air Force Dec. 67 June 7l
Army Mar. 69 Apr. 7l
Navy Jan. 70 Apr. 7l
GSA Mar. 70 May 7l
NASA Oct. 67 June 7l
SIZE AND REAL PARTY IN INTEREST
Number <strong>of</strong>
pr<strong>of</strong>iles
26
70
50
100
250
101
597
2,784
In more than 50 percent <strong>of</strong> <strong>the</strong> cases at <strong>the</strong>
board level, <strong>the</strong> prime contractor was identifiable
as a small business; in only 31 percent
was it identified as a large business; in 19
percent, <strong>the</strong> contractor's size was unknown.
At <strong>the</strong> contracting <strong>of</strong>ficer level, <strong>the</strong> figure was
61 percent for small business; 27 percent for
large business; and 12 percent unknown.
The percentages <strong>of</strong> cases involving small
business prime contractors were:
Contracting
<strong>of</strong>ficer level
Air Force 90/0
Navy 34%
NASA 68%
GSA 85%
AEC 42%
Army 64%
Board level
ASBCA
GSABCA
ENGBCA
mCA
NASABCA
DOTCAB
AECBCA
VACAB
COMMBCA
53%
"%
U%
71%
N%
a%
A%
W%
9%