Russell Corp. v. United States

OPINION

MEROW, Judge:

This litigation involves a contract (No. DLA600-83-D-4167) for certain gasolines, distillates and residuals, awarded to plaintiff on March 16, 1983 by the Defense Fuel Supply Center (DFSC).

Background

Following a controversy over the pricing formula of the contract involved, on July 26, 1983 plaintiff submitted a claim to recover some $77,195.82 in losses asserted to have been incurred during performance and a modification of the pricing formula. By a decision dated August 26, 1983, the *761contracting officer denied plaintiff’s claim. No appeal was taken by plaintiff from this…