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B-186113 1 (1976-08-27)

handle is hein.gao/gaobaddkd0001 and id is 1 raw text is: THE COMPTROLLER GENERAL .S . OF THE UNITED STATES WASHINGTON, D. C. 20548 FILE: B-186113 DATE: August 27, 1976 MATTER OF: San Juan Lumber Company, Inc. DIGEST: 1. Regardless of whether Forest Service breached timber sale contract, this Office cannot grant relief to purchaser asking reimbursement for cost of construction of cross-drains, because such construction was required by sale contract. 2. Whether or not Forest Service breached timber sale contract due to improper suspension of timber cutting operations, this Office cannot grant relief to claim asking compensation for idled machinery and lost profits during suspension period, because claimant has not established amount of damages with reasonable certainty. 3. Where Government contractor asserts breach of contract/ claim on behalf of subcontractor, and subcontract contains no clause exculpating contractor of liability to subcontractor for Government-caused damages, GAO will treat subcontractor's claim as if it were con- tractor's own. Mr. George D. Breitmeier, an authorized certifying officer of the United States Forest Service, Department of Agriculture, has submitted to our Office a request for an advance decision concerning a voucher representing a claim for $3,318.39 against the Forest Service for alleged breach of contract, filed by the San Juan Lumber Company, Inc. (San Juan), John Day, Oregon. 'The alleged breach arose in connection with the East Round Top timber sale contract No. 01218-3, Long Creek Ranger District, Malheur National Forest. The sale contract was awarded to San Juan on December 28, 1970, and the sale was closed on June 20, 1975. * Clause B6.32 of the contract, entitled Progress of Logging, required that: - 1 -

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