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B-170539 1 (1975-07-30)

handle is hein.gao/gaobadckv0001 and id is 1 raw text is: - 1 - THE COMPTROLLER GENERAL DECISION '1:. OF THE UNITED STATES WASHINGTON, D.C. 2054 FILE: B-170539 DATE: July 30, 1975 7 3 MATTER OF: Mr. Lorenzo Moffett-Lease Termination DIGEST: 1. GAO has no authority to render decision on request in nature of declaratory judgment concerning termination of lease and right to evict lessee thereunder. Resolution of issue should be made by court with appropriate jurisdiction. 2. -Claim for interest on monies previously owed, but paid, under proposed unexecuted lease is not authorized, since, unlike here, interest can only be paid when stipulated for in con- tracts, or specifically directed by statute. By decision B-170539, July 15, 1971, our Office determined that the claim of Mr. Lorenzo Moffett for modification of proposed unexe- cuted lease No. GS-09B-6150 for the rental of a building in Nevada City, California, under solicitation for negotiated offers to lease No. 9-68-R-22, issued by the Public Buildings Service, General Services Administration (GSA), San Francisco, California, was meritorious. Therefore, we recommended that the proposed unexecuted lease be amended from the date of occupation by the Forest Service with regard to the addition to the existing building to reflect the net usable space as defined by Schedule D and as set out in the final construction drawings made a part of the contract and actually used in construction. By letter dated October 27, 1972, counsel for Mr. Moffett requested that our Office interpret the above decision. This request was based on the contention that GSA had misconstrued the manner in which the lease was to be modified. However, by letter dated December 5, 1973, counsel withdrew this request as GSA had tendered a proposed lease prepared in accordance with our decision. Nevertheless, counsel contended certain specification requirements in the tendered lease were not in conformance with the actual usable space of the leased premises and sought to rectify the remaining differences with GSA.

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