B-122110, JUL. 21, 1955

B-122110: Jul 21, 1955

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INC.: REFERENCE IS MADE TO YOUR LETTER OF JUNE 22. WAS RENDERED AT THE REQUEST OF THE SECRETARY OF COMMERCE UNDER THE ACT OF JULY 31. GENERALLY WE CONSIDER THAT WE HAVE NO JURISDICTION TO REVIEW A DECISION SO RENDERED AT THE REQUEST OF ANY OTHER PARTY. THIS IS ESPECIALLY TRUE WHERE AS HERE NO ADDITIONAL EVIDENCE OR INFORMATION HAS BEEN SUBMITTED WHICH WOULD FURNISH A BASIS FOR RECONSIDERATION. REGARDING THE SETOFFS WHICH YOU STATE HAVE BEEN MADE BY CERTAIN GOVERNMENT CONTRACTING AGENCIES FROM AMOUNTS OTHERWISE DUE YOU. WE HAVE BEEN ADVISED INFORMALLY THAT APPROPRIATE STEPS HAVE BEEN INITIATED TO REFUND TO YOU ANY AMOUNT OR AMOUNTS IN EXCESS OF THE STATED INDEBTEDNESS.

B-122110, JUL. 21, 1955

TO PRODUCTION METALS, INC.:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 22, 1955, REQUESTING RECONSIDERATION OF OUR DECISION DATED DECEMBER 6, 1954, RELATIVE TO EXCESS COSTS CHARGEABLE TO YOU BY REASON OF YOUR FAILURE TO FURNISH CERTAIN QUANTITIES OF ALUMINUM LITHOGRAPHIC PLATES MEETING THE SPECIFICATIONS OF TWO CONTRACTS ENTERED INTO WITH THE U.S. COAST AND GEODETIC SURVEY.

THE DECISION OF DECEMBER 6, 1954, WAS RENDERED AT THE REQUEST OF THE SECRETARY OF COMMERCE UNDER THE ACT OF JULY 31, 1894, 38 STAT. 208, AS AMENDED BY THE ACT OF JUNE 10, 1921, 42 STAT. 24, AND GENERALLY WE CONSIDER THAT WE HAVE NO JURISDICTION TO REVIEW A DECISION SO RENDERED AT THE REQUEST OF ANY OTHER PARTY. THIS IS ESPECIALLY TRUE WHERE AS HERE NO ADDITIONAL EVIDENCE OR INFORMATION HAS BEEN SUBMITTED WHICH WOULD FURNISH A BASIS FOR RECONSIDERATION.

REGARDING THE SETOFFS WHICH YOU STATE HAVE BEEN MADE BY CERTAIN GOVERNMENT CONTRACTING AGENCIES FROM AMOUNTS OTHERWISE DUE YOU, WE HAVE BEEN ADVISED INFORMALLY THAT APPROPRIATE STEPS HAVE BEEN INITIATED TO REFUND TO YOU ANY AMOUNT OR AMOUNTS IN EXCESS OF THE STATED INDEBTEDNESS.