Request for Remission of Liquidated Damages

A construction company requested that GAO remit $10,000 in liquidated damages assessed by the Army Corps of Engineers. The liquidated damages were imposed on the company for failure to complete its contract in the required timeframe. The Army recommended denial of the request. Legislation provides that the GAO authority to remit liquidated damages rests solely upon the recommendation of the head of an agency. Since an agency's recommendation is a prerequisite to any action by GAO, GAO could not grant the relief requested.