B-112566, NOV. 22, 1955

B-112566: Nov 22, 1955

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INC.: REFERENCE IS MADE TO YOUR LETTER OF JUNE 15. ADVISED US THAT HE WAS OF THE OPINION THAT YOUR CLAIM DOES NOT CONTAIN SUCH ELEMENTS OF EQUITY AS TO WARRANT REMISSION OF THE LIQUIDATED DAMAGES WHICH HAVE ACCRUED TO THE GOVERNMENT UNDER THE CONTRACT AND.

B-112566, NOV. 22, 1955

TO MASON AND HANGER-SILAS MASON COMPANY, INC.:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 15, 1955, AND PREVIOUS CORRESPONDENCE, ADDRESSED TO THE DEPARTMENT OF THE ARMY, REQUESTING THAT A RECOMMENDATION BE MADE TO THIS OFFICE THAT THE LIQUIDATED DAMAGES ASSESSED AGAINST YOU UNDER CONTRACT NO. W-25-066-ENG-1858, DATED DECEMBER 18, 1948, NAMELY, THE SUM OF $39,000, BE REMITTED, PURSUANT TO SECTION 6 OF THE ARMED SERVICES PROCUREMENT ACT, 1947, 62 STAT. 24.

AS INDICATED IN OUR LETTER OF NOVEMBER 4, 1952, TO YOU, WITH REFERENCE TO THE MATTER, THE ABOVE-CITED ACT AUTHORIZED THE COMPTROLLER GENERAL TO REMIT LIQUIDATED DAMAGES IN A PARTICULAR CASE ONLY UPON THE RECOMMENDATION OF THE HEAD OF THE CONTRACTING AGENCY. BY LETTER OF OCTOBER 7, 1955, THE ASSISTANT SECRETARY OF THE ARMY FOR LOGISTICS, WHO COMES WITHIN THE CATEGORY OF "HEAD" OF THE DEPARTMENT FOR PURPOSES OF FULFILLING THE REQUIREMENTS OF THE ACT, ADVISED US THAT HE WAS OF THE OPINION THAT YOUR CLAIM DOES NOT CONTAIN SUCH ELEMENTS OF EQUITY AS TO WARRANT REMISSION OF THE LIQUIDATED DAMAGES WHICH HAVE ACCRUED TO THE GOVERNMENT UNDER THE CONTRACT AND, HENCE, THAT HE COULD NOT RECOMMEND THAT YOUR REQUEST FOR EQUITABLE RELIEF BE GRANTED. IN VIEW OF SUCH DETERMINATION, YOUR CLAIM MUST BE DENIED.