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B-192685 1 (1979-05-14)

handle is hein.gao/gaobadhfl0001 and id is 1 raw text is: 


                        THE  CGMPTROLLER GENERAL
DECISION                OF   THE   UNITED STATES
                         WASHINGTON, 0. C. 20548




FILE: B-192685                DATE: May 14, 1979

MATTER  OF:  United Service Packer    7             (7171


DIGEST:        /     1             5//7


1.   Where payment in foreign currency payable in
     foreign country is called for in contract,
     value of any judgment recovery is based on
     value of foreign currency at time judgment is
     rendered in American court. Since South
     Vietnamese piastre apparently has no present
     value, claim by former contractor would also
     have no value and was properly denied.

 2.  Where former contractor took advice of con-
     tracting officer that, due to anticipated short
     market supply of packing materials, materials
     should be and were purchased (but were never
     used due to evacuation from Saigon) in advance
     to ensure completion of contract, no basis for
     recovery of cost of materials exists.


     United  Service Packer (USP) appeals the denial
 of its claim for payment under Department of State
 contract No. S-298-fa-0159 by our Claims Division in
 its Settlement Certificate, November 15, 1978. That
 claim consisted of (1) packing, crating, and transporta-
 tion charges for goods belonging to Department of State
 and Agency for International Development personnel sta-
 tioned in Saigon, South Vietnam, and (2) charges for
 packing materials, purchased upon the advice of the
 contracting officer due to an anticipated shortage of
 supply in the market for such materials at the time,
 necessary for the completion of all packing and crating
 until the expiration of the contract.

      Due to the emergency evacuation of Saigon, the
 claimant was not fully compensated for services performed
 during April 1975. Payments for all services to be per-
 formed under the contract in question were to be made
 in South Vietnamese piastres. When payment in foreign

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