B-123528, JUL. 7, 1955

B-123528, JUL. 7, 1955

TO TRIPLE "A" MACHINE SHOP, INC.:

REFERENCE IS MADE TO A LETTER OF MARCH 16, 1955, FROM YOUR ATTORNEY, RELATIVE TO YOUR CLAIM FOR $3,675 AS ADDITIONAL COSTS ALLEGED TO BE DUE FOR EXTRA WORK AND WORKING TIME LOST IN CONNECTION WITH PERFORMANCE UNDER NEGOTIATED CONTRACT NO. N220S-76123A, DATED SEPTEMBER 2, 1952.

WITH RESPECT TO MR. CLINE'S QUESTION AS TO WHETHER THIS OFFICE HAS JURISDICTION TO SETTLE YOUR CLAIM IT MAY BE POINTED OUT THAT THE CLAIM WAS FORWARDED TO THIS OFFICE FOR SETTLEMENT PURSUANT TO THE PROVISIONS OF SECTION 305 OF THE BUDGET AND ACCOUNTING ACT, APPROVED JUNE 10, 1921, 42 STAT. 24, 31 U.S.C. 71, WHICH PROVIDES THAT ALL CLAIMS AND DEMANDS WHATEVER BY THE GOVERNMENT OF THE UNITED STATES OR AGAINST IT SHALL BE SETTLED AND ADJUSTED IN THE GENERAL ACCOUNTING OFFICE. HENCE, MR. CLINE'S LETTER WILL BR REGARDED AS A REQUEST, IN YOUR BEHALF, FOR REVIEW OF THE SETTLEMENT BY THE GENERAL ACCOUNTING OFFICE, DATED FEBRUARY 9, 1955, DISALLOWING YOUR CLAIM.

UNDER THE TERMS OF CONTRACT NO. N220S-76123A, AS AMENDED, YOU AGREED TO MAKE CERTAIN REPAIRS AND INSTALLATIONS ABOARD THE U.S.N.S. SGT. CHARLES R. HONOR, DURING PERIODS OF AVAILABILITY IN SEPTEMBER AND OCTOBER 1952, FOR A LUMP-SUM CONSIDERATION OF $13,961. IT APPEARS THAT THE REPAIRS AND INSTALLATIONS WERE COMPLETED ON OCTOBER 7, 1952, AND THAT YOU HAVE RECEIVED PAYMENT OF THE CONSIDERATION SPECIFIED IN THE CONTRACT.

BY LETTER OF OCTOBER 10, 1952, YOU ASSERTED A CLAIM FOR $3,675 AS ADDITIONAL COMPENSATION FOR EXTRA WORK AND LOST WORKING TIME ALLEGED TO HAVE BEEN OCCASIONED BY ANOTHER GOVERNMENT CONTRACTOR WHO WAS SAND BLASTING AND PAINTING THE VESSEL DURING THE SAME PERIODS OF AVAILABILITY. ALSO, YOU ALLEGE THAT YOU WERE DELAYED BY POWER FAILURES.

YOUR CLAIM INVOLVES NO INSTALLATION OR REPAIR NOT COVERED BY THE CONTRACT AND, THEREFORE, IS IN THE NATURE OF AN UNLIQUIDATED CLAIM FOR DAMAGES. HENCE, THE CONTRACTING OFFICER CORRECTLY INFORMED YOU BY LETTER OF OCTOBER 27, 1952, THAT THE ADMINISTRATIVE OFFICER WAS WITHOUT AUTHORITY TO ALLOW YOUR CLAIM.

WHILE YOUR CONTRACT CONTAINED NO PROVISION REQUIRING YOU TO COORDINATE YOUR WORK WITH THAT OF ANY OTHER CONTRACTORS, THE CIRCUMSTANCES INVOLVED IN THE NEGOTIATION OF THE CONTRACT SHOULD HAVE PLACED YOU ON NOTICE OF THE POSSIBILITY, IF NOT ACTUAL PROBABILITY, THAT OTHER CONTRACTORS WOULD BE ENGAGED IN MAKING OTHER NECESSARY REPAIRS AND RENOVATION DURING THE AVAILABILITY OF THE VESSEL. THEREFORE, IT WOULD APPEAR REASONABLE TO ASSUME THAT SUCH FACTOR WAS CONSIDERED IN FIXING THE CONTRACT PRICE. FURTHERMORE, WHILE THE ADMINISTRATIVE OFFICE INDICATES THAT YOU MAY HAVE ENCOUNTERED SOME INTERFERENCE BY REASON OF THE SAND-BLASTING OPERATIONS AND THE POWER FAILURES, IT HAS REPORTED THAT SUCH INTERFERENCE AS WAS ACTUALLY ENCOUNTERED WOULD HAVE RESULTED IN ONLY NEGLIGIBLE EXTRA COSTS TO YOU. YOU HAVE NOT SUBMITTED ANY EVIDENCE IN SUPPORT OF THE AMOUNT CLAIMED. THUS, ASIDE FROM ANY QUESTION AS TO WHETHER THE GOVERNMENT MAY BE LIABLE FOR DAMAGES ALLEGED TO HAVE BEEN INCURRED BY YOU, THE RECORD WHOLLY FAILS TO ESTABLISH THAT YOU SUSTAINED DAMAGES IN THE AMOUNT CLAIMED OR IN ANY LESSER AMOUNT.