B-144180, OCT. 20, 1960

B-144180: Oct 20, 1960

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SOIL CONSERVATION SERVICE: REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 27. REQUESTING A DECISION AS TO WHETHER YOU ARE AUTHORIZED TO CERTIFY FOR PAYMENT THE CLAIM OF MR. THE AMOUNT HE WOULD HAVE BEEN PAID ($5. IT BEING EXPLAINED THAT THIS AVERAGE COST WAS IN EFFECT AT THE TIME OF HIS INITIAL ACTION TO CARRY OUT THE PRACTICE. WHILE A COPY OF THE CLAIMANT'S CONTRACT WAS NOT FORWARDED WITH YOUR LETTER. IT IS STATED THAT ON OCTOBER 24. AT THE TIME THE CONTRACT WAS EXECUTED. THE ESTABLISHED AVERAGE COST PER ACRE FOR PRACTICE GP-23 IN THE INVOLVED COUNTY WAS $5 PER ACRE. THE AVERAGE COST PRACTICE WAS REVISED AND ESTABLISHED AT $7.50 PER ACRE. THAT IT WAS AGREED THEN THAT THE CONTRACT WOULD BE MODIFIED TO PROVIDE FOR THE INCREASED AVERAGE COST.

B-144180, OCT. 20, 1960

TO MR. LEO C. KINNE, AUTHORIZED CERTIFYING OFFICER, SOIL CONSERVATION SERVICE:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 27, 1960, REQUESTING A DECISION AS TO WHETHER YOU ARE AUTHORIZED TO CERTIFY FOR PAYMENT THE CLAIM OF MR. MERRILL P. BRIGANCE, OLTON, TEXAS, FOR $1,924.62. THE CLAIM REPRESENTS THE DIFFERENCE BETWEEN THE AMOUNT PAID TO THE CLAIMANT ($3,849.62) FOR GREAT PLAINS CONSERVATION PROGRAM PRACTICE GP 23, ON 1,539.7 ACRES AT THE AVERAGE COST OF $5 PER ACRE WITH 50 PERCENT COST- SHARE RATE, AND THE AMOUNT HE WOULD HAVE BEEN PAID ($5,773.87) IF HIS CONTRACT HAD BEEN MODIFIED TO PROVIDE FOR THE REVISED AVERAGE COST OF $7.50 PER ACRE, IT BEING EXPLAINED THAT THIS AVERAGE COST WAS IN EFFECT AT THE TIME OF HIS INITIAL ACTION TO CARRY OUT THE PRACTICE.

WHILE A COPY OF THE CLAIMANT'S CONTRACT WAS NOT FORWARDED WITH YOUR LETTER, IT IS STATED THAT ON OCTOBER 24, 1958, AT THE TIME THE CONTRACT WAS EXECUTED, THE ESTABLISHED AVERAGE COST PER ACRE FOR PRACTICE GP-23 IN THE INVOLVED COUNTY WAS $5 PER ACRE, AND THAT ON MARCH 1, 1959, THE AVERAGE COST PRACTICE WAS REVISED AND ESTABLISHED AT $7.50 PER ACRE. THE WORK UNIT CONSERVATIONIST STATES THAT ON MARCH 24, 1959, HE CONTACTED THE CONTRACTOR AND DISCUSSED THE SHREDDING OF HIS BRUSH AND THE INCREASE OF THE AVERAGE COST OF THE BRUSH CONTROL PRACTICE OF SHREDDING FROM $5 TO $7.50 PER ACRE; THAT IT WAS AGREED THEN THAT THE CONTRACT WOULD BE MODIFIED TO PROVIDE FOR THE INCREASED AVERAGE COST; THAT DUE TO AN OVERSIGHT THE CONTRACT WAS NOT MODIFIED; AND THAT THE FAILURE IN THIS RESPECT WAS NOT DISCOVERED UNTIL THE APPLICATION FOR PAYMENT WAS PREPARED.

SECTION 601.12 (A) OF THE APPLICABLE GREAT PLAINS CONSERVATION PROGRAM REGULATIONS PROVIDES IN PERTINENT PART---

"* * * PROVIDED FURTHER, THAT WHENEVER THE APPROVED AVERAGE COST IN EFFECT AT THE TIME ANY ELIGIBLE CONSERVATION PRACTICE COVERED BY A CONTRACT IS SCHEDULED TO BE CARRIED OUT IS IN EXCESS OF THE AVERAGE COST SET OUT IN THE CONTRACT SUCH CONTRACT MAY BE MODIFIED BY THE CONTRACTING OFFICER PRIOR TO INITIAL ACTION TO CARRY OUT SUCH PRACTICE TO REFLECT SUCH INCREASED AVERAGE COST. * * *"

WHILE THE CONTRACT WAS NOT FORMALLY MODIFIED TO PROVIDE FOR AN INCREASE IN THE AVERAGE COST FOR PRACTICE GP-23 FROM $5 TO $7.50 PER ACRE, THE FACTS AS REPORTED SATISFACTORILY ESTABLISH THAT FOLLOWING THE REVISION OF THE AVERAGE COST FOR PRACTICE GP-23 FROM $5 TO $7.50 PER ACRE, AND PRIOR TO THE INITIATION OF ACTION BY THE PRODUCER TO CARRY OUT THE PRACTICE, AN AGREEMENT WAS REACHED BETWEEN THE WORK UNIT CONSERVATIONIST AND THE PRODUCER THAT THE CONTRACT WOULD BE AMENDED TO PROVIDE FOR AN INCREASE IN THE AVERAGE COST TO$7.50 PER ACRE. THE RECORD FURTHER ESTABLISHES THAT THROUGH AN OVERSIGHT ON THE PART OF THE WORK UNIT CONSERVATIONIST AN AMENDMENT TO THE CONTRACT WAS NOT SUBMITTED BY HIM TO THE AREA CONSERVATIONIST (THE CONTRACTING OFFICER), WHO HAS STATED THAT HE WOULD HAVE APPROVED THE PROPOSED AMENDMENT HAD HE RECEIVED IT.

IN THE CIRCUMSTANCES, YOU ARE ADVISED THAT THE CLAIM FOR $1,924.62, COVERING THE DIFFERENCE BETWEEN THE AVERAGE COST PAID THE PRODUCER AND THE REVISED AVERAGE COST STATED TO HAVE BEEN IN EFFECT AT THE TIME THE PRODUCER INITIATED ACTION TO CARRY OUT THE PRACTICE, MAY BE CERTIFIED FOR PAYMENT, IF CORRECT IN OTHER RESPECTS.