B-160657, APR. 6, 1967

B-160657: Apr 6, 1967

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YOU ARE OF THE VIEW THE BALANCE DUE YOU UNDER THE PACIFIC NORTHWEST DISASTER RELIEF ACT OF 1965. FOR ROAD RESTORATION WORK INCIDENT TO YOUR TIMBER PURCHASE AGREEMENT IS $6. IS CONTROLLING. 656 WAS TO BE CONCLUSIVE. YOU ARE ADVISED WE FIND NO BASIS FOR ALLOWING THE ADDITIONAL AMOUNT CLAIMED.

B-160657, APR. 6, 1967

TO GLENCO FOREST PRODUCTS:

IN YOUR LETTER OF DECEMBER 21, 1966, YOU PROTESTED THE SETTLEMENT, DATED NOVEMBER 14, 1966, OF $2,522 MADE BY THE CLAIMS DIVISION OF THE UNITED STATES GENERAL ACCOUNTING OFFICE IN YOUR DISPUTE WITH THE UNITED STATES DEPARTMENT OF AGRICULTURE, FOREST SERVICE.

YOU ARE OF THE VIEW THE BALANCE DUE YOU UNDER THE PACIFIC NORTHWEST DISASTER RELIEF ACT OF 1965, FOR ROAD RESTORATION WORK INCIDENT TO YOUR TIMBER PURCHASE AGREEMENT IS $6,536, AND NOT $2,522. YOU CONTEND THAT BEFORE PASSAGE OF THE PACIFIC NORTHWEST DISASTER RELIEF ACT OF 1965, PUB.L. 89-41, 79 STAT. 131, APPROVED JUNE 17, 1965, THE FOREST SERVICE AGREED UPON AN ESTIMATED FLOOD REPAIR COST OF $29,656 AND YOU ALLEGE THAT THIS ESTIMATE, MADE IN ANTICIPATION OF THE PASSAGE OF A RELIEF ACT, IS CONTROLLING. THE FOREST SERVICE, ON THE OTHER HAND, DENIES THE EXISTENCE OF AN UNDERSTANDING THAT THE COST ESTIMATE OF $29,656 WAS TO BE CONCLUSIVE, SO AS TO PRECLUDE VALID ADJUSTMENTS IN DETERMINING THE AMOUNT OF YOUR REIMBURSEMENT UNDER THE SUBSEQUENTLY ENACTED PACIFIC NORTHWEST DISASTER RELIEF ACT OF 1965. NOR DOES THE RECORD SUPPORT YOUR CONTENTION.

YOU ARE ADVISED WE FIND NO BASIS FOR ALLOWING THE ADDITIONAL AMOUNT CLAIMED; AND, CONSEQUENTLY, WE MUST AFFIRM THE SETTLEMENT OF NOVEMBER 14, 1966.