B-188409, MARCH 4, 1977

B-188409: Mar 4, 1977

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SINCE GAO IS WITHOUT AUTHORITY TO SETTLE CLAIMS AGAINST THE POSTAL SERVICE. CONTRACTOR'S CLAIM FOR PRICE INCREASE UNDER POSTAL SERVICE CONTRACT IS DISMISSED. BRILL HAS REQUESTED A PRICE INCREASE UNDER A CONTRACT FOR THE LEASE OF AN OFFICE BUILDING TO THE POSTAL SERVICE ON THE GROUNDS THAT COSTS HAVE SUBSTANTIALLY INCREASED AND IT IS A HARDSHIP TO PERFORM THE CONTRACT AT THE PRICE STIPULATED IN THE CONTRACT. OUR OFFICE WILL NOT RENDER A DECISION ON THIS MATTER SINCE THE POSTAL SERVICE IS NOT SUBJECT TO OUR CLAIMS SETTLEMENT AUTHORITY.

B-188409, MARCH 4, 1977

SINCE GAO IS WITHOUT AUTHORITY TO SETTLE CLAIMS AGAINST THE POSTAL SERVICE, CONTRACTOR'S CLAIM FOR PRICE INCREASE UNDER POSTAL SERVICE CONTRACT IS DISMISSED.

DON C. BRILL:

DON C. BRILL HAS REQUESTED A PRICE INCREASE UNDER A CONTRACT FOR THE LEASE OF AN OFFICE BUILDING TO THE POSTAL SERVICE ON THE GROUNDS THAT COSTS HAVE SUBSTANTIALLY INCREASED AND IT IS A HARDSHIP TO PERFORM THE CONTRACT AT THE PRICE STIPULATED IN THE CONTRACT.

OUR OFFICE WILL NOT RENDER A DECISION ON THIS MATTER SINCE THE POSTAL SERVICE IS NOT SUBJECT TO OUR CLAIMS SETTLEMENT AUTHORITY. RATHER, 39 U.S.C. 401(8) (1970) VESTS THE POSTAL SERVICE WITH AUTHORITY TO SETTLE ITS OWN CLAIMS. CUSTER DEVELOPMENT CORPORATION, 53 COMP.GEN. 607, 610 (1974), 74-1 CPD 83.

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