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B-193345 1 (1978-11-08)

handle is hein.gao/gaobadtvj0001 and id is 1 raw text is: UNITED STATES GENERAL ACCOUNTING OFFICE ' 67 47 WASHINGTON, D.C. 20548 IN REPLY OFFICE OF GENERAL COUNSEL F B-193345 November 8., 1978 San Antonio, Texas 78209 Dear We refer to your your letter of October 24, 1978 regarding the possible renegotiation of a lease agreement between the Triple Bar Company and the. Postal Service because of your claim that increased taxes and inflation have resulted in expenses exceeding the amount of rent you now receive from the Postal Service. Since you did not furnish us with a copy of- the lease,* we assume from the letter that the lease in question does' not contain an escalation provision allowing adjustment of rent to meet increased expenses. As a general proposition, without such a provision, a Government offi.cial may not renegotiate a lease agreement in order to pay a higher rent than is provided for in the agreement, without some further considera- tion flowing to the Government. This Office has con- sistently held that no officer or employee of the Government may modify an existing Government contract in favor of the other party, or surrender or waive vested contract rights, absent a compensating benefit to the Government. B-169004, March 6, 1970; 40 Comp. Gen. 309.(1960). In this regard, any possible modification of the lease providing some benefit to the Government to support an increase in the rental rate is a matter for consideration between your firm and the Postal Service. B-169004, April 12, 1973. Moreover, we wish to point out that because the Postal Service is not ..7

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