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B-187824 1 (1977-02-28)

handle is hein.gao/gaobadeke0001 and id is 1 raw text is: F FILE: 5-187824 OATe: lebruary 28, 1977 MATTER OF: Rays Limited, Inc. DIGEST: Prior decision, holding that Government is entitled to prompt payment discount where payment is effected on next .*Tainess day following Sunday on which 4i-.ount period ended, is affirmed. Raye Limited, Inc..(Raym) has requested reconsidera- tion of our decision 3-187824, Decembe'r 13, 1976, 56 Comp. Gen. , in which we affirmed our claims Division's dis- allowance of that firm's clain for $1,721.78, representing a prompt payment discount alleged to have been erroneously taken in connection-with Department of the Army contract go. DAKF48-75-W-3077-1. The contract included the discount term 202-10 days. It was agreed that under the contract the discount period vs to be computed from the date of delivery, August 14, 1975, and that payment was affected an August 25, '975. Raye originally contended that August 14, 1975, must count as the first day of the discount period and that in order for the Government to properly take the discount, payment should have been made by August 23, 1975. In our pri6r decision we concluded that in computing the discnunt period, the agency properly did not count the August 14, 1975. delivery date. la arriving at this con- clusion, we cited Sheets v. Selden's Lessee, 69 U.S. 177 (1864), for the gneral rule that when an act is to be per- formed from a day named, it is proper to exclude the day thus designated abid to include the last day of the specified period. The discount period, properly computed, ended on August 24, 1975.' Since that date was a Sunday, we concluded, in accordance with prior decisions of this Office (20 'Comp. Can. 310 (1940); B-108143, February 29, 1952), that payment effected on the following day constituted compliance with the discount terms. - 1- THE COMPTROLLER SUNERAL DECISION .) OP THE UNIrE SrArs 5 ~ WASHINGTON. D. C. 8054U 'C Ut' C 11W I: II I, 1, 1J.

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