B-145410, APR. 19, 1962
Highlights
OFFICE OF THE COMPTROLLER: REFERENCE IS MADE TO YOUR LETTER DATED MARCH 15. ADVISING THAT YOUR OFFICE IS HOLDING ON DEPOSIT THE SUM OF $114. AMONG THE ENCLOSURES TO YOUR LETTER WAS A COPY OF THE OPINION RENDERED NOVEMBER 3. WHEREIN THE BOARD GAVE CONSIDERATION TO THE MATTER OF THE LIQUIDATED DAMAGES ASSESSED BY THE CONTRACTING OFFICER IN THIS CASE AND EXPRESSED THE OPINION THAT THE APPELLANT'S CHALLENGE TO THE ASSESSMENT OF LIQUIDATED DAMAGES WAS WITHOUT MERIT. ALSO ENCLOSED WAS A MEMORANDUM DATED FEBRUARY 6. WHEREIN IT WAS POINTED OUT THAT OVER 30 DAYS HAD ELAPSED SINCE THE BOARD'S FINDINGS AND DECISION WAS RENDERED AND THAT CONSEQUENTLY THE APPELLANT'S RIGHT TO FILE A FORMAL APPEAL FROM THE BOARD'S HOLDING HAD TERMINATED.
B-145410, APR. 19, 1962
TO FINANCE AND ACCOUNTING OFFICER, OFFICE OF THE COMPTROLLER:
REFERENCE IS MADE TO YOUR LETTER DATED MARCH 15, 1962, WITH ENCLOSURES, ADVISING THAT YOUR OFFICE IS HOLDING ON DEPOSIT THE SUM OF $114,654.40 REPRESENTING LIQUIDATED DAMAGES ASSESSED AGAINST THE GRAMM TRAILER CORPORATION UNDER CONTRACT NO. DA 36-039-SC-74922, ENTERED INTO UNDER DATE OF MARCH 28, 1958, WITH THE U.S. ARMY SIGNAL SUPPLY AGENCY, FORT MONMOUTH, NEW JERSEY.
AMONG THE ENCLOSURES TO YOUR LETTER WAS A COPY OF THE OPINION RENDERED NOVEMBER 3, 1961, BY THE ARMED SERVICES BOARD OF CONTRACT APPEALS, ASBCA NOS. 5847, 5933, AND 6203, WHEREIN THE BOARD GAVE CONSIDERATION TO THE MATTER OF THE LIQUIDATED DAMAGES ASSESSED BY THE CONTRACTING OFFICER IN THIS CASE AND EXPRESSED THE OPINION THAT THE APPELLANT'S CHALLENGE TO THE ASSESSMENT OF LIQUIDATED DAMAGES WAS WITHOUT MERIT. ALSO ENCLOSED WAS A MEMORANDUM DATED FEBRUARY 6, 1962, BY COLONEL LYSLE I. ABBOTT, STAFF JUDGE ADVOCATE, WHEREIN IT WAS POINTED OUT THAT OVER 30 DAYS HAD ELAPSED SINCE THE BOARD'S FINDINGS AND DECISION WAS RENDERED AND THAT CONSEQUENTLY THE APPELLANT'S RIGHT TO FILE A FORMAL APPEAL FROM THE BOARD'S HOLDING HAD TERMINATED.
IN THE INDICATED MEMORANDUM, COLONEL ABBOT MADE REFERENCE TO SECTION 256A OF TITLE 41, U.S.C., UNDER WHICH THE COMPTROLLER GENERAL OF THE UNITED STATES, UPON THE RECOMMENDATION OF THE HEAD OF THE AGENCY CONCERNED, IS AUTHORIZED AND EMPOWERED TO REMIT THE WHOLE OR ANY PART OF LIQUIDATED DAMAGES AS MAY BE JUST AND EQUITABLE. IN VIEW THEREOF YOU INQUIRED AS TO WHETHER OR NOT THE GRAMM TRAILER CORPORATION HAS APPEALED TO OUR OFFICE IN THIS MATTER AND WHETHER OR NOT ANY BARRIER EXISTS TO DEPOSITING THE INDICATED AMOUNT OF $114,654.40 TO MISCELLANEOUS RECEIPT ACCOUNTS OF THE TREASURER OF THE UNITED STATES AND CLOSING THE CASE.
THE RECORDS OF OUR OFFICE DO NOT SHOW THE RECEIPT OF ANY COMMUNICATION FROM THE CONTRACTOR IN THE NATURE OF AN APPEAL FROM THE HOLDING OF THE ARMED SERVICES BOARD OF CONTRACT APPEALS IN THIS CASE, THAT IS TO SAY, PURSUANT TO THE PROVISIONS OF THE CITED STATUTE, AND NEITHER HAVE WE RECEIVED A FAVORABLE RECOMMENDATION FROM THE SECRETARY OF THE ARMY CONCERNING THE REMISSION OF LIQUIDATED DAMAGES IN THIS CASE--- A PREREQUISITE TO ANY ACTION BY OUR OFFICE. UPON THE BASIS OF THE RECORD BEFORE US IT APPEARS TO HAVE BEEN DETERMINED THAT THE CONTRACTOR WAS LEGALLY LIABLE FOR THE LIQUIDATED DAMAGES ASSESSED IN THIS CASE AND THAT NO FURTHER RIGHT OF APPEAL EXISTS, OTHER THAN PURSUANT TO THE PROVISIONS OF THE CITED STATUTE.
RESPECTING THE DEPOSIT OF THE AMOUNT OF $114,654.40 TO MISCELLANEOUS RECEIPTS, YOU ARE ADVISED THAT WE WOULD HAVE NO OBJECTION THERETO.
IN RESPONSE TO YOUR REQUEST, THE ENCLOSURES TO YOUR LETTER ARE RETURNED HEREWITH.