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B-141946, MAY 20, 1960

B-141946 May 20, 1960
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HAYWARD: REFERENCE IS MADE TO YOUR LETTER OF APRIL 28. RELATIVE TO AN ERROR ALLEGED TO HAVE BEEN MADE IN YOUR BID SUBMITTED IN RESPONSE TO SITE SALES LETTER NO. THE MATTER WAS SUBMITTED BY THE DEPARTMENT OF THE NAVY FOR DECISION HERE AND BY OUR DECISION DATED MARCH 31. IT WAS HELD THAT THE AWARD TO YOU SHOULD NOT BE CANCELED. IN YOUR LETTER YOU CONCEDE THAT OUR DECISION WAS LEGALLY CORRECT BUT YOU SUGGEST THAT IN FAIRNESS YOU SHOULD BE RELIEVED FROM YOUR OBLIGATION. MAY BE STATED THAT THIS OFFICE IS WITHOUT AUTHORITY TO DETERMINE CLAIMS BY OR AGAINST THE UNITED STATES SOLELY ON THE BASIS OF EQUITABLE OR MORAL CONSIDERATIONS. ITS JURISDICTION IS RESTRICTED TO THE CONSIDERATION AND DETERMINATION OF SUCH MATTERS IN ACCORDANCE WITH THE APPLICABLE LAW OR UNDER THE TERMS OF A VALID AGREEMENT EXECUTED PURSUANT TO LAW.

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B-141946, MAY 20, 1960

TO MR. GEORGE M. HAYWARD:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 28, 1960, RELATIVE TO AN ERROR ALLEGED TO HAVE BEEN MADE IN YOUR BID SUBMITTED IN RESPONSE TO SITE SALES LETTER NO. SSL-17-60-60258 ISSUED BY LONG BEACH NAVAL SHIPYARD, TORRANCE, CALIFORNIA, FOR THE SALE OF SURPLUS PROPERTY. THE MATTER WAS SUBMITTED BY THE DEPARTMENT OF THE NAVY FOR DECISION HERE AND BY OUR DECISION DATED MARCH 31, 1960, TO THE SECRETARY OF THE NAVY, IT WAS HELD THAT THE AWARD TO YOU SHOULD NOT BE CANCELED.

IN YOUR LETTER YOU CONCEDE THAT OUR DECISION WAS LEGALLY CORRECT BUT YOU SUGGEST THAT IN FAIRNESS YOU SHOULD BE RELIEVED FROM YOUR OBLIGATION. MAY BE STATED THAT THIS OFFICE IS WITHOUT AUTHORITY TO DETERMINE CLAIMS BY OR AGAINST THE UNITED STATES SOLELY ON THE BASIS OF EQUITABLE OR MORAL CONSIDERATIONS. ITS JURISDICTION IS RESTRICTED TO THE CONSIDERATION AND DETERMINATION OF SUCH MATTERS IN ACCORDANCE WITH THE APPLICABLE LAW OR UNDER THE TERMS OF A VALID AGREEMENT EXECUTED PURSUANT TO LAW. WHILE THE LAW IS ADMITTEDLY HARSH IN ITS APPLICATION IN SOME CASES, WE WOULD NOT BE JUSTIFIED IN MAKING AN EXCEPTION IN RESPECT TO YOUR CLAIM.

IN VIEW OF THE FOREGOING, THERE APPEARS NO PROPER BASIS FOR CANCELLING THE AWARD AND THE DECISION OF MARCH 31, 1960, MUST BE AFFIRMED.

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