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B-191329 1 (1980-09-16)

handle is hein.gao/gaobadiog0001 and id is 1 raw text is: 




                        THE  COMPTROLLER GENERAL
DECISION                OF  THE   UNITED STATES
                        WASHINGTON, 0. C. 20548




FILE:       B-191329          DATE:   September 16, 1980

MATTER  OF:    Buckhorn Rural Water Corporation


DIGEST:

1.   Decisions in August Perez & Associates, Inc.,
     56 Comp. Gen. 289 (1977), 77-1 CPD 48 and
     System Development Corporation, B-191195,
     August 31, 1978, 78-2 CPD 159, do not preclude
     GAO review of breach of contract claim since
     those decisions only apply where parties are
     mutually agreed on liability of Government
     for alleged breach, and this is not such a
     case.

2.   Government has not breached water service
     agreement by failure to construct connecting
     line and order water since agreement did not
     impose such requirement and Government other-
     wise has fulfilled all obligations incurred
     under agreement.

3.   Termination of contract for convenience of
     Government does not constitute breach where
     agency determines that continuation of con-
     tract would be too costly for Government.


     A certifying officer of the National Park Service
(NPS) rgggazs  an advance decision pursuant to 31 U.S.C.
82d,(1976) on the legality of paying $24,305.57 to the
Buckhorn Rural Water Corporation for settlement of an
alleged breach of contract. For the reasons set forth
below, we do not recommend payment.

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