APPEAL OF(Sanitized), DATED 15 JUNE 1966 FROM DECISION BY CIA CONTRACTING OFFICER DATED 13 MAY 1966, C
Document Type:
Collection:
Document Number (FOIA) /ESDN (CREST):
CIA-RDP80B01676R000500100004-4
Release Decision:
RIPPUB
Original Classification:
K
Document Page Count:
12
Document Creation Date:
December 15, 2016
Document Release Date:
October 7, 2002
Sequence Number:
4
Case Number:
Publication Date:
September 20, 1966
Content Type:
MF
File:
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Body:
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2 U b t r '1966
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MEMORANDUM FOR: Executive Director-Comptroller
Officer dated 13 May 1966, Contract No.
STAT
STAT
dated 15 June 1966 from Decision by CIA Contracting
SUBJECT : Appeal of
1. This memorandum contains a recommendation for the Executive
Director-Comptroller; such recommendation is contained in paragraph 6.
2. The portion of this contract calling for delivery of twelve film viewers
and two film readers was terminated for default after the Contractor advised in
May 1966 that he could not meet performance specifications or provide the
prototype unit called for. We seek return of unliquidated progress payments of
about The Contractor seeks to recover Owhich he claims he 25X1
spent in "development" despite the fact that he admits he signed a fixed-price
contract.
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STAT
4. The "Disputes" Clause of the contract refers to the finality of the
decision by the "Secretary" or his duly authorized representative. The "Defini-
tions" Clause sets forth in pertinent part the following:
"The term 'Secretary' means the . . . head or any assistant head of
the Federal agency; and the term 'his duly authorized representative'
means any person or persons or board (other than the Contracting Officer)
authorized to act for the Secretary."
STAT
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SUBJECT: Appeal of dated STAT
15 June rom ecision on rac g icer dated
13 May 1966, Contract No." STAT
5. Additionally, part of Contract No. ~r film viewers, readers, STAT
and electronic counters was terminated for default. I advised it STAT
would not make timely shipment and contested our basis for rejection. How-
ever, no appeal has been entered to date, though one might be in the future.
If so, the ASBCA could handle it.
6. It is recommended that you sign the attached Memorandum for the
Record wherein you appoint the ASBCA as your duly authorized representative
for the purpose of deciding the issues presented by the appeal. (The Con-
tracting Officer will duly notify the Contractor of this action.)
Lawrence R. Houston
General Counsel
Att:
M/R
cc: DD/S (2)
OL/PD
STAT
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