About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-171728 1 (1972-10-12)

handle is hein.gao/gaobaddvu0001 and id is 1 raw text is: coMPrmouZR GENERAL OF THE UNIED STATES WAaHmG~o ro0.1C. asses 3-171728 October 12, 1972 Dear Mr. Secretarys We refer to your etter of August 3, 1972, with enclosures, requesting our decision as to whether, under timber sale contract provisions, all or any part of amounts claimed by an appellant can be paid when there are no compensating advantages to the Government. The appellant, Donald W. Lyle, Inc., initially filed the claim in question by letter of September 26, 1966, to the Regional Fprester In the form of a request for modification of Forest Service Timber Sale Contract No. 3-215 to include the cost of placing additional subgrade reinforcement incident to the construction of the East Canyon road through swampy areas. By letter of November 9, 1966, the 'Regional Forester denied the company's request, and the contractor filed a timely appeal with the Board of Forest Appeals. In its ruling of April 12, 1968, the Board concluded the requested relief could be granted within the bounds of the contract, and that the Board therefore had the power to adjudicate the issues in dispute. In this regard, the Board ruled that the language of paragraph 2(g) of the general terms of the contract contemplated that the contract aight be modified and provided authority which could be utilized if found appropriate on consideration of the merits of appellant's claim. Subsequently, the Board recommended on November 18. 1970, that the Forest Service grant the contractor relief by adjustin3 stumpage rates under the contract to reflect an increase of $4,100 in the estimated cost of the road. By decision of March 26, 1971, the Chief, Forest Service, upheld the decision of the Regional Forester and stated that contract term 2(g) would not permit the adjustment in road cost estimates recommended by the Board. 'UYLIStn DECISION 52 ComP. Gon-.

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:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most