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B-188304 1 (1978-09-08)

handle is hein.gao/gaobadgjy0001 and id is 1 raw text is: 





                         VM2 COMPTRO6L GENERAL
DECISION      .  .,      Q   T     UNSTRD STATES
                         wasHNooN. D.C. esese



FILE: B-188304                DATE: September 8, 1978
M.4ATTER OF:  Sip-O-Log Mills--Reconsideration

DIGEST:
1.   Where parties to timber sale contract
     have not agreed in writing before work
     in addition to that clearly required by
     contract is performed, design change
     clause permitting increase in purchaser
     credit does not apply.  Contractor there-
     fore ry  recover reasonable value of work
     on basis of quantu  meruit.
2.   GAO recommends Secretary of Agriculture
     consider adding charges clause similar
     to that in construction contracts to
     standard form timber sale contract.

     Zip-O-Log Mills (Zip-0) and the Forest Service
have requested our opinion of a proposed $22,010
settlement to cover Zip-O's construction of a landing
used in removing timber from the Suislaw National
Forest, Douglas County, Oregon.

     Zip-0 is the approved assignee of Coon 75 Timber
Sale Contract No. 03660-4.  Under that contract,
the Forest Service had intended the purchaser to re-
construct an access road and construct the landing,
thereby earning credit which would be applied to
amounts due for the timber.  However, the only reference
to the landing in contract documents was an inconspituous
notation on a bar graph which showed its location and
indicated that 4,900 cubic yards of excavation would
be required.  The Forest Service had failed to include
excavation costs in estimates and contract tables
specifying maximum purchaser credit.


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