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B-197847 1 (1981-08-04)

handle is hein.gao/gaobadjpk0001 and id is 1 raw text is: 0 ~7 DECISION FILE: B-197847 THE COMPT OLLER GENERAL OF THE UNITED STATES WASHINGTON, 0.C0. 20548 DATE: August 4, 1981 MATTER OF: HLI Lordship Industries, Inc. DIGEST: 1. Where Government contract contains express stipulation as to amount of compensation to be paid, and no provision is made for any increase in event performance becomes more expensive or difficult, fact that cost of performance is increased by factors which do not constitute undue interference by Government provides no basis for equitable price relief. 2. Provision excusing contractor for excess costs if failure to perform contract arises out of causes beyond control and without fault or negligence of contractor is appli- cable to situations involving one-time, extraordinary emergency types of contin- gencies and generally not to increased costs of raw material due to sharp fluctuations in volatile market. Changing gold market condi- tions could not be reasonably characterized as unforeseen, or necessarily beyond control of contractor to protect against. 3. Where mistake is unilateral and contracting officer is not on actual or constructive notice of mistake, Government will not relieve contractor from effect of bad busi- ness judgment because contractor has duty to ascertain costs of supplies prior to submis- sion of bid. 4. Enforcement of co since at time of tract price was n was not receiving The Veterans Admi determination by our 0: ntract is not unconscionable bid opening and award, con- ot unreasonable and Government something for nothing. nistration (VA) requests a ffice of the propriety of granting

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