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B-141258, APR. 8, 1963

B-141258 Apr 08, 1963
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WILLIAM STEINER: REFERENCE IS MADE TO YOUR LETTER DATED FEBRUARY 28. THE CLAIM OF AKROS DYNAMICS CORPORATION WAS GIVEN EXHAUSTIVE CONSIDERATION IN OUR DECISION OF FEBRUARY 7. WHICH WAS ADDRESSED TO YOUR ATTENTION AS PRESIDENT OF THE CORPORATION. THAT DETERMINATION IS NOT SUBJECT TO REVIEW EXCEPT IN THE COURTS IN THE ABSENCE OF EVIDENCE OF MISTAKE OF FACT OR LAW. OTHER THAN THE QUESTION WHETHER THE GOVERNMENT IS ENTITLED TO COLLECT ADDITIONAL AMOUNTS AS DAMAGES FOR THE FAILURE OF AKROS DYNAMICS CORPORATION TO PERFORM CONTRACT NO. THERE IS NO BASIS ON WHICH CONSIDERATION COULD.

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B-141258, APR. 8, 1963

TO MR. WILLIAM STEINER:

REFERENCE IS MADE TO YOUR LETTER DATED FEBRUARY 28, 1963, EXPRESSING THE BELIEF THAT SOME ADJUSTMENT SHOULD YET BE MAE WITH AKROS DYNAMICS CORPORATION UNDER CONTRACT NO. AF 04/607/S-1221, AND SUGGESTING THAT THIS OFFICE SHOULD RECOGNIZE YOU AS AN AUTHORIZED REPRESENTATIVE OF THE CORPORATION AND CONSIDER YOUR FURTHER OFFERS IN FULL AND FINAL SETTLEMENT OF THIS MATTER.

THE CLAIM OF AKROS DYNAMICS CORPORATION WAS GIVEN EXHAUSTIVE CONSIDERATION IN OUR DECISION OF FEBRUARY 7, 1961, WHICH WAS ADDRESSED TO YOUR ATTENTION AS PRESIDENT OF THE CORPORATION. FOR THE REASONS STATED THEREIN WE CONCLUDED THAT NO PORTION OF THE CLAIM COULD BE ALLOWED. THAT DETERMINATION IS NOT SUBJECT TO REVIEW EXCEPT IN THE COURTS IN THE ABSENCE OF EVIDENCE OF MISTAKE OF FACT OR LAW, AND SUCH EVIDENCE HAS NOT BEEN SUBMITTED TO THIS OFFICE. IT WOULD THEREFORE APPEAR THAT, OTHER THAN THE QUESTION WHETHER THE GOVERNMENT IS ENTITLED TO COLLECT ADDITIONAL AMOUNTS AS DAMAGES FOR THE FAILURE OF AKROS DYNAMICS CORPORATION TO PERFORM CONTRACT NO. AF 04/607/S-1221 IN ACCORDANCE WITH ITS TERMS, THERE IS NO BASIS ON WHICH CONSIDERATION COULD, OR SHOULD, BE GIVEN TO OFFERS DIRECTED TO FULL AND FINAL SETTLEMENT OF CLAIMS UNDER THE CONTRACT IN QUESTION, EVEN ASSUMING YOUR AUTHORITY TO REPRESENT THE CORPORATION.

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