B-111554, FEB. 8, 1957

B-111554: Feb 8, 1957

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INC.: REFERENCE IS MADE TO YOUR REQUEST FOR FURTHER CONSIDERATION OF DECISION B -111554. YOUR PRESENT SUBMISSION IS CONCERNED CHIEFLY WITH THE FAILURE OF OUR OFFICE TO MAKE SETTLEMENT CONSISTENT WITH AN ALLEGED SETTLEMENT AGREEMENT WHICH YOU HAD NEGOTIATED WITH THE DEPARTMENT OF THE ARMY. AS YOU WERE INFORMED IN THE DECISION OF JANUARY 18. WE DO NOT HAVE ANY INFORMATION REGARDING AN AGREEMENT BY THE ARMY TO REFUND $1. YOU WERE INFORMED THAT THE RECOMMENDATION OF THE ADMINISTRATIVE OFFICE (DEPARTMENT OF THE ARMY) WAS NECESSARILY VIEWED HERE IN THE LIGHT OF THE RECORD UPON WHICH IT WAS CONCLUDED THE COLLECTION ACTION WAS PROPERLY SUPPORTED. ALL ACCOUNTS WHATEVER IN WHICH THE GOVERNMENT OF THE UNITED STATES IS CONCERNED.

B-111554, FEB. 8, 1957

TO LYKES BROS. STEAMSHIP COMPANY, INC.:

REFERENCE IS MADE TO YOUR REQUEST FOR FURTHER CONSIDERATION OF DECISION B -111554, DATED JANUARY 18, 1954, REAFFIRMED JUNE 15, 1954, AND MAY 4, 1955, WHICH SUSTAINED THE SETTLEMENT DISALLOWING YOUR CLAIM FOR $1,735.65, REPRESENTING A PART OF THE AMOUNT ADMINISTRATIVELY DEDUCTED IN MAKING PAYMENT OF OTHER AMOUNTS DUE YOU IN ORDER TO EFFECT COLLECTION OF THE VALUE OF LOSS AND DAMAGE TO A SHIPMENT OF FLOUR TRANSPORTED FROM GALVESTON, TEXAS, TO BREMEN, GERMANY, ON BILL OF LADING NO. WT-7919957, DURING JULY 1947.

YOUR LATEST LETTER ADDS NOTHING TO THE FACTS PREVIOUSLY SUBMITTED AND THOROUGHLY CONSIDERED IN THE PRIOR DECISIONS IN THIS MATTER. YOUR PRESENT SUBMISSION IS CONCERNED CHIEFLY WITH THE FAILURE OF OUR OFFICE TO MAKE SETTLEMENT CONSISTENT WITH AN ALLEGED SETTLEMENT AGREEMENT WHICH YOU HAD NEGOTIATED WITH THE DEPARTMENT OF THE ARMY. AS YOU WERE INFORMED IN THE DECISION OF JANUARY 18, 1954, WE DO NOT HAVE ANY INFORMATION REGARDING AN AGREEMENT BY THE ARMY TO REFUND $1,735.65 TO YOU AND, IN THE DECISION OF MAY 4, 1955, YOU WERE INFORMED THAT THE RECOMMENDATION OF THE ADMINISTRATIVE OFFICE (DEPARTMENT OF THE ARMY) WAS NECESSARILY VIEWED HERE IN THE LIGHT OF THE RECORD UPON WHICH IT WAS CONCLUDED THE COLLECTION ACTION WAS PROPERLY SUPPORTED. IN THIS CONNECTION, SECTION 305 OF THE BUDGET AND ACCOUNTING ACT OF 1921, 31 U.S.C. 71, PROVIDES THAT ALL CLAIMS AND DEMANDS WHATEVER BY THE GOVERNMENT OF THE UNITED STATES OR AGAINST IT, AND ALL ACCOUNTS WHATEVER IN WHICH THE GOVERNMENT OF THE UNITED STATES IS CONCERNED, EITHER AS DEBTOR OR CREDITOR, SHALL BE SETTLED AND ADJUSTED IN THE GENERAL ACCOUNTING OFFICE. WHILE OUR OFFICE GIVES DUE CONSIDERATION TO THE RECOMMENDATION OF THE ADMINISTRATIVE OFFICE, THE RESPONSIBILITY FOR THE FINAL SETTLEMENT OF CLAIMS RESTS UPON THE GENERAL ACCOUNTING OFFICE. SUCH RESPONSIBILITY REQUIRES THAT OUR SETTLEMENT SHALL BE BASED UPON THE RECORD BEFORE US AND, IF THE RECOMMENDATION BY THE ADMINISTRATIVE OFFICE IS NOT SUSTAINED BY THE RECORD, OUR SETTLEMENT NECESSARILY MUST BE CONSISTENT WITH THE RECORD RATHER THAN THE RECOMMENDATION.

ACCORDINGLY, SINCE THE PRESENT RECORD IN THIS CASE CONTAINS NOTHING WHICH SEEMS TO WARRANT MODIFICATION OF THE CONCLUSION PREVIOUSLY REACHED IN THE MATTER, THE DECISION OF JANUARY 18, 1954, IS REAFFIRMED.