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B-128133, SEP. 9, 1957

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Highlights

TO WINDER AIRCRAFT CORPORATION: REFERENCE IS MADE TO YOUR LETTER DATED AUGUST 22. THE PERTINENT FACTS IN THIS CASE WERE SET OUT IN DETAIL IN OUR LETTER OF JUNE 19. AS THE SPECIAL AUTHORITY IN THE EXECUTIVE ORDER WAS CONFERRED UPON THE DEPARTMENT OF DEFENSE RATHER THAN UPON OUR OFFICE. SINCE IT IS INDICATED BY THE RECORD BEFORE US THAT THE CONTRACT WAS COMPLETED AND THAT PAYMENT OF THE CONTRACT PRICE HAS BEEN MADE. IT WAS HELD IN TWO DECISIONS OF OUR OFFICE. THAT THE AUTHORITY GRANTED BY THE ACT TO AMEND CONTRACTS WITHOUT CONSIDERATION TO THE GOVERNMENT CANNOT BE EXERCISED IN THE CASE OF CONTRACTS WHICH HAVE CEASED TO EXIST BY REASON OF COMPLETE PERFORMANCE ON BOTH SIDES. THAT IS. WAS PROPER AND THERE IS NO BASIS FOR CONSIDERATION OF YOUR CLAIM UNDER THE FIRST WAR POWERS ACT.

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