B-143839, NOV. 14, 1960

B-143839, NOV. 14, 1960

TO MR. ALBERT L. KINCHEN, CONTRACTING OFFICER, DEPARTMENT OF THE ARMY:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 18, 1960, REQUESTING CLARIFICATION AS TO WHAT WAS REFERRED TO IN OUR OFFICE LETTER DATED SEPTEMBER 30, 1960, TO THE ATTORNEY FOR THE CONTRACTOR UNDER CONTRACT NO. DA (S/-38-042-AIII-530 WHEN IT WAS STATED THAT THE ADMINISTRATIVE OFFICE WAS BEING ADVISED THAT THE CONTRACT PRICE MAY BE REVISED DOWNWARD TO $0.06516 PER MAN PER MONTH.

AS INDICATED IN THE REFERRED-TO LETTER OF SEPTEMBER 30, 1960, WE AGREED WITH YOUR RECOMMENDATION THAT THE PRICE PAID BY THE CONTRACTOR FOR GARBAGE BE REVISED TO $0.06516 PER MAN PER MONTH. AT THAT TIME THERE WAS PENDING IN OUR OFFICE A CLAIM BY THE CONTRACTOR FOR REFUND OF $11,523.73, REPRESENTING AN ALLEGED OVERPAYMENT BECAUSE OF A DEFICIENCY IN RATIONS. THAT CLAIM HAS BEEN ALLOWED BY OUR OFFICE IN THE SUM OF $11,221.64, AS RECOMMENDED BY YOU.

YOU INDICATE IN YOUR LETTER THAT THE DOWNWARD REVISION OF THE CONTRACT PRICE WOULD BE ACCOMPLISHED DURING THE MONTH OF OCTOBER 1960, BUT YOU INQUIRE AS TO HOW THE CONTRACTOR CAN OBTAIN A REFUND FOR THE MONTHS FROM APRIL THROUGH SEPTEMBER 1960, DURING WHICH PERIOD THE CONTRACTOR PAID THE HIGHER PRICE OF $0.10625 PER MAN PER MONTH, AND FOR WHICH NO ADJUSTMENT HAS AS YET BEEN MADE. YOU ARE ADVISED THAT AFTER YOU HAVE DETERMINED THE AMOUNT DUE THE CONTRACTOR AS A REFUND FOR THE PERIOD IN QUESTION, HE MAY BE GIVEN CREDIT FOR SUCH AMOUNT IN CONNECTION WITH THE PAYMENTS DUE FROM HIM DURING THE COMING MONTHS OR HE MAY BE PAID DIRECTLY BY A DISBURSING OFFICER. IF, HOWEVER, FOR SOME REASON, THIS METHOD IS NOT FEASIBLE OR PRACTICABLE, THE CONTRACTOR MAY FILE HIS CLAIM FOR REFUND DIRECTLY WITH THE CLAIMS DIVISION, U.S. GENERAL ACCOUNTING OFFICE, WASHINGTON 25, D.C.