B-144278, NOV. 29, 1960
Highlights
FEDERAL AVIATION AGENCY: REFERENCE IS MADE TO YOUR LETTER DATED OCTOBER 17. IS AUTHORIZED TO REMIT ANY PART OF SUCH DAMAGES AS IN HIS DISCRETION MAY BE JUST AND EQUITABLE. YOU STATE THAT BEFORE RECOMMENDING THAT THE LIQUIDATED DAMAGES BE REMITTED YOU WERE CONFRONTED WITH THE DECISION OF OUR OFFICE OF DECEMBER 28. WHERE A DISTINCTION WAS MADE BETWEEN THE PROVISIONS OF ARTICLE 5 (C) OF STANDARD FORM 23A AND ARTICLE 11 (E) OF STANDARD FORM 32. SINCE THE REMISSION OF LIQUIDATED DAMAGES UNDER 41 U.S.C. 256A IS BASED UPON EQUITABLE CONSIDERATIONS AND THE RECOMMENDATION OF THE HEAD OF THE DEPARTMENT INVOLVED. IS NOT FOR APPLICATION.
B-144278, NOV. 29, 1960
TO HONORABLE E. R. QUESADA, ADMINISTRATOR, FEDERAL AVIATION AGENCY:
REFERENCE IS MADE TO YOUR LETTER DATED OCTOBER 17, 1960, WITH ENCLOSURES, RELATIVE TO THE CLAIM OF REBER PLUMBING AND HEATING COMPANY FOR $2,700, REPRESENTING AN AMOUNT DEDUCTED AS LIQUIDATED DAMAGES IN MAKING PAYMENT TO THE CONTRACTOR FOR REVISION AND ADDITIONS TO THE AIR CONDITIONING FACILITIES AT THE AIR ROUTE TRAFFIC CONTROL CENTER IN GREAT FALLS, MONTANA, UNDER CONTRACT NO. FA4-10157, DATED NOVEMBER 9, 1959.
IT APPEARS FROM YOUR LETTER THAT YOU WISH OUR OFFICE TO CONSIDER THE CLAIM UNDER 41 U.S.C. 256A. THIS STATUTE PROVIDES THAT WHERE A CONTRACT MADE BY THE HEAD OF ANY FEDERAL AGENCY PROVIDES FOR LIQUIDATED DAMAGES, THE COMPTROLLER GENERAL, UPON RECOMMENDATION OF SUCH HEAD, IS AUTHORIZED TO REMIT ANY PART OF SUCH DAMAGES AS IN HIS DISCRETION MAY BE JUST AND EQUITABLE. HOWEVER, YOU STATE THAT BEFORE RECOMMENDING THAT THE LIQUIDATED DAMAGES BE REMITTED YOU WERE CONFRONTED WITH THE DECISION OF OUR OFFICE OF DECEMBER 28, 1959, B 141269, 39 COMP. GEN. 478, WHERE A DISTINCTION WAS MADE BETWEEN THE PROVISIONS OF ARTICLE 5 (C) OF STANDARD FORM 23A AND ARTICLE 11 (E) OF STANDARD FORM 32.
SINCE THE REMISSION OF LIQUIDATED DAMAGES UNDER 41 U.S.C. 256A IS BASED UPON EQUITABLE CONSIDERATIONS AND THE RECOMMENDATION OF THE HEAD OF THE DEPARTMENT INVOLVED, OUR DECISION OF DECEMBER 28, 1959, WHICH DEALT SOLELY WITH LEGAL RIGHTS, IS NOT FOR APPLICATION.
WE WILL GIVE FURTHER CONSIDERATION TO THE MATTER IF YOU WILL MAKE RECOMMENDATION PURSUANT TO 41 ..END :