About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-185579 1 (1976-01-23)

handle is hein.gao/gaobaddsf0001 and id is 1 raw text is: I. A DECISION FILE: B-185579 THE COMPTROLLER 7VENERAL . 7 .d% OF THE UNITED STATES WASHINGTON, D.C. 20548 (A-0 V DATE: January 23, 1976 MATTER OF: Request for advance decision by the Department of Agriculture DIGEST: Where increased cost of performance of fixed-price contract for delivery of nonfat dry milk under Department of Agriculture price support program is attributable to acts of Government as sovereign in raising price support level and no price adjustment clause was included in contract, there is no legal basis to support upward price adjustment since Government as contractor is not liable for its acts as sovereign. Our views have been requested by the Assistant Secretary, Department of Agriculture, as to the propriety of granting to A. Sturm and Sons, Inc. (Sturm), an upward price adjustment under contract MP(FF)54807 for bulk nonfat dry milk purchased by the Commodity Credit Corporation (CCC) of the Department. The request by Sturm for the adjustment is attributed to an increase by CCC in the price support level and purchase price of bulk nonfat dry milk effective January 4, 1975. The contract was executed on November 19, 1974, for 1,320,000 pounds of bulk nonfat dry milk at $0.6598 per pound. The price was based on the then current market price for nonfat dry milk, $0.5660 per pound, plus packaging and processing allowances. The contract schedule required and delivery was made in accordance with the following: January 1, 1975 - January 15 - 316,800 pounds January 16 February 1 - January 30 - 316,800 pounds - February 15 - 316,800 pounds - March 15 - 369,600 pounds By way of background information, the Assistant Secretary relates that on August 11, 1972, the CCC issued Announcement MP-M-45, which listed the terms and conditions under which -1 - March 1

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most