Claims for Refund of Discounts on Jet Fuel Taken by Government

The Office of Planning and Financial Management, Defense Supply Agency, requested a decision as to whether prompt payment discounts taken on payment for jet fuel must be refunded to the supplier. When contract included inconsistent provisions for computing discount period, specifically negotiated terms prevail over generally worded Armed Services Procurement Regulation referenced. Government cannot properly claim discounts based upon ASPR provision which contractor neither offered nor accepted.