B-129328, APR. 23, 1958

B-129328, APR. 23, 1958

TO MR. CHARLES D. LANE:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 7, 1957, WITH ENCLOSURES, WRITTEN AS OWNER OF THE CONTINENTAL COMPANY, APPEALING TO OUR OFFICE FOR REMISSION ON AN EQUITABLE BASIS OF LIQUIDATED DAMAGES OCCASIONED BY DELAY IN CONNECTION WITH WORK PERFORMED BY THE COMPANY UNDER CONTRACT NO. 14-03-001-11624, ENTERED INTO WITH THE BONNEVILLE POWER ADMINISTRATION. THE APPEAL HAS BEEN MADE PURSUANT TO PUBLIC LAW 754, APPROVED SEPTEMBER 5, 1950, 64 STAT. 578, 591, SECTION 10 (A) OF WHICH PROVIDES AS FOLLOWS:

"SEC. 10 (A). WHENEVER ANY CONTRACT MADE ON BEHALF OF THE GOVERNMENT BY THE HEAD OF ANY FEDERAL AGENCY, OR BY OFFICERS AUTHORIZED BY HIM SO TO DO, INCLUDES A PROVISION FOR LIQUIDATED DAMAGES FOR DELAY, THE COMPTROLLER GENERAL UPON RECOMMENDATION OF SUCH HEAD IS AUTHORIZED AND EMPOWERED TO REMIT THE WHOLE OR ANY PART OF SUCH DAMAGES AS IN HIS DISCRETION MAY BE JUST AND EQUITABLE.'

IN THE LIGHT OF THE EXPRESS LANGUAGE OF THIS STATUTE, AUTHORIZING THE REMISSION BY THE COMPTROLLER GENERAL OF LIQUIDATED DAMAGES ONLY UPON RECOMMENDATION OF THE AGENCY HEAD, ANY CLAIM FOR RELIEF THEREUNDER MUST FIRST BE SUPPORTED BY A FAVORABLE RECOMMENDATION BY THE HEAD OF THE DEPARTMENT OR AGENCY CONCERNED--- IN THE INSTANT CASE THE SECRETARY OF THE INTERIOR. IN A REPORT TO OUR OFFICE OF APRIL 4, 1958, THE SOLICITOR, DEPARTMENT OF THE INTERIOR, THE OFFICIAL AUTHORIZED TO ACT FOR THE SECRETARY, DECLINED TO MAKE SUCH A RECOMMENDATION. ACCORDINGLY, THERE IS NO ..END :