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B-217595 1 (1986-04-02)

handle is hein.gao/gaobadmgi0001 and id is 1 raw text is: OECIION ! FILE: B-217595 MATTER DIQEST: THE COMPTROLLER GENERAL OP THE UNITEO STATES WASHINGTON. D.C. 9054S DATE: April 2, 1986 OF: Refunds of Interest Erroneously Charged by Forest Service Forest Service interpreted provision in timber sale contract as requiring full month's interest on payments late by only a portion of a month. Based on challenge by one contractor, Agriculture Board of Contract Appeals held that Forest Ser- vice improperly construed contract and that interest should have been charged only for actual number of days payments were late. For all other timber sale contracts governed by the Board's decision, Forest Service may refund the over- charges without requiring formal submission of claims. Since interest collections had been deposited in Treasury as miscellaneous receipts, refunds may be charged to permanent appropriation established by 31 U.S.C. S 1322(b)(2). Contrac- tors who file claims under Contract Disputes Act are entitled to interest on refunds from date of filing, payable from current Forest Service ap- propriations for administration of timber sale contracts. The Secretary of Agriculture requests our opinion on how the Forest Service should implement a decision of the Agriculture Board of Contract Appeals (Board) holding that the Forest Service had been overcharging contractors for interest due on late payments under its standard timber sale contract. The basic question is the proper source of funds for refunds flowing from the Board's decision. BACKGROUND The Forest Service, Department of Agriculture, enters into timber sale contracts which authorize contractors to go upon Government land and cut timber. The contractor is required to pay the Forest Service for the timber by the date specified in the standard contract used for all timber sales. If the contractor fails to pay on time, it must pay interest. For timber sale contracts written between June 1981 and November 1983, the Department of Agriculture interpreted the . - -

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