About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-178688 1 (1973-05-23)

handle is hein.gao/gaobaadon0001 and id is 1 raw text is: 





', ' ;.-i.-._, , ',WAHINGTON. D.C. 1054143             '
         to3



B-.78088                             MAY 23 1973







Tha Honorable Robert P. Froehfke
The Becretaryo#of the Ary

Dear t. Secretary:

     Referenoe is msd* to a letter dated April 30, 1973, DAJA-PL
1973/6226, with enelonureB9 from the Chief, Logiatics and Contract
Law Teams Procurement Law Divisiop Offi T..of 'the Judge Advocate
General, p submIttia for our approval the trttlmenb of 1 brach
of contract olaimJby Meadow Gold Dairies, Hawait, Ltd. (14eadow
Gold), in the nmu,t of $3,36.50 filed by that fir,% in connuction
with contract No. DAJMl7-67-D-0347 entered into on J.'Srch 18, 1567,
with the United Sta.tes Army Procurement Agencyp Japan, for the
operation of Army MM Plants in the .Republic of Viet Warn.

     Unde taracraph 2 of Appendix I of the contract the
Government w   required to furnish, aintcin and provide security
guards for the plant compounds. One of theoce plcnti was located
at Cam Rnuh By, Viet fam. This plant vas not a'pplied with guards
until April 5, 1972, 1Ater thieves broke into the locked compound
during the tgpht of April. 1-.2, 1972, and, cutting the look or locks
on a vorehoune door, stole five hundred bogs of granulated sugar,
each ucighing one hundred poundc,

     It in the opinion of your Judge Advocate General's office that
the claimant's dnnges, the amount of which in not disute mrd is
reasonably evidenced by the records are a direct result of the
breach of L'te contract by the Government in not mpplying the rO
qutred security guards for the plant. Since there is no provision
in the contract for settlment of such matters, the proposed
settlement was cubmitted to our office for approval pursuant to
our decision, Jf4 Conp. oGen. 353 (196).

     li be.izve thc act? or record support the conclustion e-proaned
in the le'ter of April 30 that the contructorce' a s ray be regardod



                                           09/?o/

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most