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B-189294 1 (1978-03-31)

handle is hein.gao/gaobadfwk0001 and id is 1 raw text is: I II TH~e COMPrTOL.LER GENERAL. DECISION .OF THE IJNITEaO STATEiS A4 .AH INGTD 0N , M .C . U D5468 FIL.E: 8-119294 MATT!R O:r DATE: March 31, 1978 Giover C. Hardin DIGEST: 1. Contract for sale and demolition of surplus buildings excluded iteas of personal property and fixtures not firmly attached. Safe, mounted on wheels and not affixed to the property, was thereby excludea from sale. Claim by contractor for its value is denied. 2. Claim for payment for chain link fence and posts incident to sale of surplus buildings is denied where specific property descriptions fail to show that fence and posts were included in sale. 3. Claim for payment for property alle-'dly re- moved from surplus building sale site is denied where there is no evidence that removal of property was an authorized act of military personnel. Government in not liable for unauthorized acts of its agents. Grover C. hardin'has requested reconsideration of a settlement- Lssued on February 23, 1977, by the Claims Division of our Office which denied his claim for paymen: for materials removed from buildings purchased ny Mr. Hardin under contract No. DACA41-7-71-541 issued by the Department of the Army. For the reasons stated below, we affirm that settlemuent. Mr. Hardin was awarded the aforeientioned contract on January 2i, 1971, for the sale and re- moval of certain buildings and enclosed walkways from a mobili:ation hospital located at Fort Leonard Wood, Missouri. SubsequIently Mr. Hardin claimed $2,120 for materials allegedly removed from the buildings. The District Engineer denied Mr. Hardin's claim. Mr. Hardin appealed the District Engineer's deter- mination to the Armed Services Board of Contract - 1- iLz I ~~2 1 -* U

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