36 C.F.R. § 223.115
Contract extensions
The term of any contract or permit shall not be extended unless the approving officer finds:
(a) That the purchaser has diligently performed in accordance with contract provisions and an approved plan of operation; or
(b) That the substantial overriding public interest justifies the extension.
Notes of Decisions
Cited in 5
cases, 1990–2005 · leading case: Hoskins Lumber Co., Inc., Plaintiff/cross-Appellant v. United States, 20 F.3d 1144 (Fed. Cir. 1994).
Hoskins Lumber Co., Inc., Plaintiff/cross-Appellant v. United States, 20 F.3d 1144 (Fed. Cir. 1994). “See 36 C.F.R. § 223.115 (1993). Hoskins knew or should have known that it could not rely on an injunction on appeal.”
Scott Timber Co. v. United States, 64 Fed. Cl. 130 (Fed. Cl. 2005). “2, in order to comply with 16 U.S.C. § 472a (“The Secretary shall not extend any contract period with an original term of two years or more unless he finds .”
Capital Dev. Co. v. United States, 49 Fed. Cl. 178 (Fed. Cl. 2001). “See 36 C.F.R. § 223.115 (1986). The fact that the agency could have granted a second extension does not mean, however, it was in breach for not granting one.”
Hoskins Lumber Co. v. United States, 24 Cl. Ct. 259 (Ct. Cl. 1991). “36 C.F.R. § 223.115 Contract extensions. The term of any contract or permit shall not be extended unless the approving officer finds: (a) That the purchaser has diligently performed in accordance with contract provisions and an approved plan of operation; or (b) That the…”
Summit Contractors v. United States, 21 Cl. Ct. 767 (Ct. Cl. 1990). “See 36 C. F.R. § 223.115 (1990). Through Interim Directive 94, the Forest Service provided the following guidance, in relevant part, on what constitutes “diligent performance”: Sales Between July 1, 1978, and April 15, 1982.”
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