B-152346, DEC. 31, 1946
Highlights
ATTORNEY AT LAW: WE HAVE RECEIVED AND STUDIED YOUR INFORMAL MEMORANDUM OF SEPTEMBER 11. OUR CONCLUSION WAS BASED ON THE FACT THAT THE CONTRACTING OFFICER HAD REFUSED PAYMENT BECAUSE HE HAD NOT RECEIVED NOTICE OF THE CLAIM. SINCE IT HAS NOW DEVELOPED THAT THE CONTRACTOR IS NOT ASKING THAT OUR RECONSIDERATION OF THE DECISION INCLUDE THE SUBJECT CLAIM. WE BELIEVE IT IS UNNECESSARY AND UNWARRANTED TO PRESENTLY GIVE FORMAL CONSIDERATION TO THE SUBJECT OF YOUR MEMORANDUM.
B-152346, DEC. 31, 1946
TO E. K. GUBIN, ATTORNEY AT LAW:
WE HAVE RECEIVED AND STUDIED YOUR INFORMAL MEMORANDUM OF SEPTEMBER 11, 1964, WHICH ADDRESSED ITSELF TO OUR DECISION, B-152346, DATED NOVEMBER 2, 1963, IN WHICH WE AFFIRMED A DENIAL BY THE ASSISTANT SECRETARY OF THE TREASURY OF A CERTAIN CONTRACTOR'S CLAIM. OUR CONCLUSION WAS BASED ON THE FACT THAT THE CONTRACTING OFFICER HAD REFUSED PAYMENT BECAUSE HE HAD NOT RECEIVED NOTICE OF THE CLAIM, AS REQUIRED BY THE CONTRACT, WITHIN 30 DAYS AFTER THE CONTRACTOR HAD RECEIVED HIS CHANGE ORDER. A BOARD OF CONTRACT APPEALS, SPECIALLY APPOINTED BY THE ASSISTANT SECRETARY, HAD RECOMMENDED DENIAL OF THE CLAIM ON THE MERITS, WITHOUT CONSIDERING THE CONTRACTOR'S FAILURE TO GIVE PROPER NOTICE OR THE CONTRACTING OFFICER'S RELIANCE THEREON.
SINCE IT HAS NOW DEVELOPED THAT THE CONTRACTOR IS NOT ASKING THAT OUR RECONSIDERATION OF THE DECISION INCLUDE THE SUBJECT CLAIM, AND IN VIEW OF DOUBT BOTH AS TO ITS MERITS AND AS TO THE BASIS OF THE ASSISTANT SECRETARY'S DENIAL, WE BELIEVE IT IS UNNECESSARY AND UNWARRANTED TO PRESENTLY GIVE FORMAL CONSIDERATION TO THE SUBJECT OF YOUR MEMORANDUM.