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B-137634, JUL. 20, 1960

B-137634 Jul 20, 1960
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TO COPPER STATE IRON AND METAL COMPANY: REFERENCE IS MADE TO YOUR LETTER OF JULY 8. REFERENCE IS MADE TO A NOTE DATED JULY 7. REPORTED TO HAVE BEEN ADDRESSED TO THE MINISTRY OF FOREIGN RELATIONS OF THE GOVERNMENT OF CUBA. IT APPARENTLY BEING YOUR VIEW THAT SUCH ACTION IS COMPARABLE TO THE ACTION OF THE DEPARTMENT OF THE ARMY IN RETAINING THE DEPOSIT OF $9. IT IS NOT SEEN WHEREIN THE REPORTED ACTION BY THE CUBAN GOVERNMENT. IT BEING PERFECTLY OBVIOUS THAT DIFFERENT FACTUAL MATTERS AND LEGAL CONSIDERATIONS ARE INVOLVED IN THE TWO TRANSACTIONS. WE CONCLUDED THAT THERE WAS A VALID AND SUBSISTING CONTRACT BETWEEN THE DEPARTMENT OF THE ARMY AND YOUR COMPANY AND THAT. AS YOU NO DOUBT ARE AWARE.

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B-137634, JUL. 20, 1960

TO COPPER STATE IRON AND METAL COMPANY:

REFERENCE IS MADE TO YOUR LETTER OF JULY 8, 1960, REQUESTING RECONSIDERATION OF THE ACTION TAKEN ON YOUR CLAIM FOR REFUND OF THE SUM OF $9,885.60, DEPOSITED WITH YOUR BID ON 1,200 GROSS TONS OF HELIX SCRAP, ADVERTISED FOR SALE UNDER ITEM 7 OF NAVAJO ORDNANCE DEPOT, FLAGSTAFF, ARIZONA, INVITATION FOR BIDS NO. AVI-02-081-S-58-4, ISSUED MARCH 31, 1958.

IN THE FIRST AND SECOND PARAGRAPHS OF YOUR LETTER, REFERENCE IS MADE TO A NOTE DATED JULY 7, 1960, REPORTED TO HAVE BEEN ADDRESSED TO THE MINISTRY OF FOREIGN RELATIONS OF THE GOVERNMENT OF CUBA, PROTESTING THE ACTION OF THAT GOVERNMENT IN SEIZING CERTAIN PROPERTY OWNED BY CITIZENS OF THE UNITED STATES, IT APPARENTLY BEING YOUR VIEW THAT SUCH ACTION IS COMPARABLE TO THE ACTION OF THE DEPARTMENT OF THE ARMY IN RETAINING THE DEPOSIT OF $9,885.60 MADE BY YOUR COMPANY INCIDENT TO THE BID SUBMITTED BY IT UNDER THE INVOLVED INVITATION. IT IS NOT SEEN WHEREIN THE REPORTED ACTION BY THE CUBAN GOVERNMENT, WHICH RESULTED IN THE NOTE OF JULY 7, 1960, HAS ANY BEARING ON THE ACTION TAKEN BY THE DEPARTMENT OF THE ARMY IN YOUR CASE, IT BEING PERFECTLY OBVIOUS THAT DIFFERENT FACTUAL MATTERS AND LEGAL CONSIDERATIONS ARE INVOLVED IN THE TWO TRANSACTIONS. FOR THE REASONS SET FORTH IN OUR SEVERAL DECISIONS TO YOUR COMPANY, WE CONCLUDED THAT THERE WAS A VALID AND SUBSISTING CONTRACT BETWEEN THE DEPARTMENT OF THE ARMY AND YOUR COMPANY AND THAT, THEREFORE, NO LEGAL BASIS EXISTED FOR REFUNDING THE AMOUNT OF YOUR BID DEPOSIT.

AS YOU NO DOUBT ARE AWARE, THERE IS NOW PENDING BEFORE THE CONGRESS BILL S.2606 WHICH WOULD AUTHORIZE AND DIRECT THE SECRETARY OF THE TREASURY TO PAY TO YOUR COMPANY THE SUM OF $9,885.60 IN FULL SATISFACTION OF YOUR CLAIM. IN THE CIRCUMSTANCES, OUR OFFICE WOULD NOT BE JUSTIFIED IN TAKING ANY FURTHER ACTION ON THE CLAIM.

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