B-144604, DEC. 18, 1961
Highlights
WE ARE ADVISING HIM CONCERNING THE LEGAL SITUATION INVOLVED HEREIN AND THE BASIS FOR OUR ACTION. IT IS ASSUMED THAT UPON RECEIPT OF OUR LETTER MR. LOSER WILL PROMPTLY ADVISE YOU AS TO OUR CONCLUSIONS AND THE REASONS THEREFOR. YOUR COMPANY WAS PLACED ON THE DEPARTMENT OF THE ARMY HOLD-UP LIST OF PERSONS AND FIRMS INDEBTED TO THE UNITED STATES. WE HAVE RECEIVED INFORMATION TO THE EFFECT THAT THE INDICATED AMOUNT OF $4. IT APPEARS THAT THE PROCEEDS OF THE CHECK ARE NOT AVAILABLE FOR APPLICATION AGAINST THE INDEBTEDNESS INVOLVED HEREIN AND FOR THAT REASON WE ARE TRANSMITTING HEREWITH THE CHECK FOR $4. FOR THE SAME REASON WE ARE ENCLOSING A CHECK FOR $57.48. WHICH WAS FORWARDED TO OUR OFFICE BY THE REGIONAL CONTROLLER.
B-144604, DEC. 18, 1961
TO CUMBERLAND BATTERY COMPANY:
UNDER DATE OF NOVEMBER 8, 1961, HONORABLE J. CARLTON LOSER, HOUSE OF REPRESENTATIVES, FORWARDED TO OUR OFFICE A LETTER DATED NOVEMBER 3, 1961, FROM YOUR ATTORNEYS, DENNEY, LEFTWICH AND OSBORN, ESQUIRES, RELATING TO THE DIFFICULTIES EXPERIENCED BY YOUR COMPANY IN OBTAINING PAYMENT FOR BATTERIES FURNISHED TO THE GOVERNMENT.
BY LETTER OF TODAY TO MR. LOSER, WE ARE ADVISING HIM CONCERNING THE LEGAL SITUATION INVOLVED HEREIN AND THE BASIS FOR OUR ACTION. IT IS ASSUMED THAT UPON RECEIPT OF OUR LETTER MR. LOSER WILL PROMPTLY ADVISE YOU AS TO OUR CONCLUSIONS AND THE REASONS THEREFOR.
FOR REASONS INDICATED IN LETTERS FROM THE DEPARTMENT OF LABOR TO YOU DATED NOVEMBER 11 AND DECEMBER 12, 1956, YOUR COMPANY WAS PLACED ON THE DEPARTMENT OF THE ARMY HOLD-UP LIST OF PERSONS AND FIRMS INDEBTED TO THE UNITED STATES. UNDER DATE OF NOVEMBER 6, 1961, THE OFFICE OF THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, FORWARDED TO OUR CLAIMS DIVISION A CHECK IN THE AMOUNT OF $4,197.73, COVERING FIVE INVOICES SUBMITTED BY YOUR COMPANY AMOUNTING TO $4,283.40, LESS DISCOUNT OF TWO PERCENT, AS DESCRIBED IN A LETTER OF OCTOBER 31, 1961, FROM CAPTAIN H. D. HARRISON, FINANCE AND ACCOUNTING OFFICER, MEMPHIS GENERAL DEPOT, TO YOUR COMPANY.
WE HAVE RECEIVED INFORMATION TO THE EFFECT THAT THE INDICATED AMOUNT OF $4,197.73 COVERED PURCHASES UNDER CONTRACTS NOT SUBJECT TO THE PROVISIONS OF THE WALSH-HEALEY ACT. ACCORDINGLY, IT APPEARS THAT THE PROCEEDS OF THE CHECK ARE NOT AVAILABLE FOR APPLICATION AGAINST THE INDEBTEDNESS INVOLVED HEREIN AND FOR THAT REASON WE ARE TRANSMITTING HEREWITH THE CHECK FOR $4,197.73. FOR THE SAME REASON WE ARE ENCLOSING A CHECK FOR $57.48, WHICH WAS FORWARDED TO OUR OFFICE BY THE REGIONAL CONTROLLER, POST OFFICE DEPARTMENT, MEMPHIS, TENNESSEE, UNDER DATE OF NOVEMBER 9, 1961. ALSO, BY LETTER OF TODAY TO THE SECRETARY OF THE ARMY, WE ARE SUGGESTING THAT THE DEPARTMENT OF THE ARMY HOLD-UP LIST BE AMENDED TO SHOW THAT ONLY CHECKS UNDER CONTRACTS SUBJECT TO THE PROVISIONS OF THE WALSH-HEALEY ACT BE FORWARDED TO OUR OFFICE FOR APPLICATION AGAINST YOUR INDEBTEDNESS OF $4,695.98.