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B-188115 1 (1980-06-18)

handle is hein.gao/gaobadiiv0001 and id is 1 raw text is: 






                        THE  COMPTROLLER GENERAL
DECISION                OF   THE  UNITED     STATES
                        WASHINGTON. D.C. 20549




FILE:          B-188115       :DA TE: June 18 1980

MATTER  OF:      Marquardt Company  econsideration


DIGEST:

1.    Where Government furnishes contractor
      severable and nonseverable facilities,
      locating facilities on contractor-owned
      land does not give rise to a claim for
      re'ntal value of land where free use of
      land was implied.

 2.   Governmeit agreement to pay lessor reason-
      able value of utilities furnished if not
      otherwise reimbursed under other Government
      contracts is not guarantee.to reimburse
      lessor for utility costs atttibutable to
      lessor's overall operation and claim for
      unabsorbed utility costs which were not
      allocated to instant contract is denied.


      Marquardt Company (Marquardt) requests reconsider-
 ation of our Claims Division settlement disallowing
 Marquardt's claim for $4,968,743.00 believed due for
 the alleged taking of its property without compensation
 incident to various facilities contracts with the Gov-
 ernment, and for reimbursement of $184,392.00 due for
 utilities services incident to Lease Agreement No. DA-
 04-353-ENG-9434.

      The record shows that the Marquardt Company and the
 Government entered into a series of contracts beginning
 in 1950 with Contract No. AF 33 (038)-5911, wherein the
 Government provided Marquardt with non-severable faci-.
 lities at a cost of $9,211,000.00 plus an equipment
 .and installation expense of an additional $11,165,000.00,
 to be used by Marquardt in its design, testing, and

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