B-125894, NOV. 25, 1955

B-125894: Nov 25, 1955

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YOU HAVE RETURNED THE CHECK ISSUED IN YOUR FAVOR IN THE AMOUNT OF $99.12 WITH THE STATEMENT THAT IT WAS YOUR UNDERSTANDING A HEARING WOULD BE GRANTED AND THAT YOU HAVE NO DESIRE TO SETTLE THE MATTER WITHOUT A HEARING. IT IS THE ESTABLISHED PRACTICE OF OUR OFFICE THAT CLAIMS PRESENTED HERE NECESSARILY MUST BE SETTLED ON THE BASIS OF THE WRITTEN RECORD AND IT FOLLOWS THAT THE SUBSTANCE OF ANY MATTERS PRESENTED ORALLY MUST BE REDUCED TO WRITING TO RECEIVE CONSIDERATION IN THE SETTLEMENT OF YOUR CLAIM. APPEARS THAT YOUR CONTENTIONS ARE SET FORTH IN YOUR NUMEROUS LETTERS TO THE PROCUREMENT OFFICIALS. THESE CONTENTIONS WERE FULLY CONSIDERED BY THE ADMINISTRATIVE OFFICIALS AND BY OUR OFFICE IN THE SETTLEMENT OF YOUR CLAIM.

B-125894, NOV. 25, 1955

TO AMERICAN ROOFING COMPANY:

YOUR LETTERS OF OCTOBER 3 AND 12, 1955, REQUEST REVIEW OF SETTLEMENT DATED SEPTEMBER 12, 1955, WHICH DISALLOWED $695.88 OF THE AMOUNT OF $795 CLAIMED FOR EXTRA WORK PERFORMED IN CONNECTION WITH THE COMPLETION OF CONTRACT NO. GS-R3-B-3062, DATED AUGUST 20, 1953. IN ADDITION TO PROTESTING THE SAID SETTLEMENT, YOU HAVE RETURNED THE CHECK ISSUED IN YOUR FAVOR IN THE AMOUNT OF $99.12 WITH THE STATEMENT THAT IT WAS YOUR UNDERSTANDING A HEARING WOULD BE GRANTED AND THAT YOU HAVE NO DESIRE TO SETTLE THE MATTER WITHOUT A HEARING.

IT IS THE ESTABLISHED PRACTICE OF OUR OFFICE THAT CLAIMS PRESENTED HERE NECESSARILY MUST BE SETTLED ON THE BASIS OF THE WRITTEN RECORD AND IT FOLLOWS THAT THE SUBSTANCE OF ANY MATTERS PRESENTED ORALLY MUST BE REDUCED TO WRITING TO RECEIVE CONSIDERATION IN THE SETTLEMENT OF YOUR CLAIM. APPEARS THAT YOUR CONTENTIONS ARE SET FORTH IN YOUR NUMEROUS LETTERS TO THE PROCUREMENT OFFICIALS, WHICH INCLUDE YOUR STATEMENT OF INCREASED COSTS INCURRED IN THE TESTING AND COMPLETED REPAIR WORK ON THE CONTRACT ROOF SITE. THESE CONTENTIONS WERE FULLY CONSIDERED BY THE ADMINISTRATIVE OFFICIALS AND BY OUR OFFICE IN THE SETTLEMENT OF YOUR CLAIM. YOU HAVE ADDED NO ADDITIONAL MATERIAL EVIDENCE OR DOCUMENTS WITH YOUR CURRENT CORRESPONDENCE. NEVERTHELESS, YOU ARE FREE TO PRESENT ANY ADDITIONAL MATTER BELIEVED PERTINENT TO YOUR CLAIM, OR, IF YOU DESIRE, YOU MAY CALL AT OUR OFFICE, LOCATED AT 441 G STREET, N.W., ANY TIME DURING REGULAR WORKING HOURS, 8:15 A.M. TO 4:45 P.M., MONDAY THROUGH FRIDAY. HOWEVER, FOR REASONS HEREINAFTER SET FORTH, THERE APPEARS NO PROPER BASIS FOR THE ALLOWANCE OF YOUR CLAIM IN ANY AMOUNT IN ADDITION TO THAT COVERED BY THE CHECK RETURNED BY YOU.

IT APPEARS FROM THE RECORD THAT THE ONLY ITEM IN DISPUTE CONCERNED THE COST OF THE PERFORMANCE OF THE ADMITTED EXTRA WORK IN QUESTION WHICH WAS DETERMINED ADMINISTRATIVELY TO BE $99.12, THE AMOUNT ALLOWED IN THE SETTLEMENT. THE BASIS FOR YOUR CLAIM FOR AN UNITEMIZED AMOUNT OF $795 AS SET FORTH IN YOUR LETTER OF JANUARY 25, 1954, TO THE ADMINISTRATIVE OFFICE. IN THE REJECTION OF SAID AMOUNT YOU WERE REQUESTED BY THE CONTRACTING OFFICER TO REVISE YOUR CLAIM IN DETAIL AND MORE IN KEEPING WITH THE ADMINISTRATIVE ESTIMATE OF $100. DURING A CONTINUED EXCHANGE OF CORRESPONDENCE WITH THE CONTRACTING OFFICER THE MATTER REMAINED IN DISPUTE. IN FACT, THE CONTRACTING OFFICER ADVISED YOU ON JUNE 30, 1954, THAT SINCE YOU HAD FAILED TO SUBMIT A REVISED PROPOSAL IN KEEPING WITH HIS ESTIMATE OF $100, SETTLEMENT WOULD BE MADE ON THE BASIS OF THE CONTRACT PRICE. ARTICLE 15 OF THE CONTRACT PROVIDES THAT, IN CASES OF DISPUTED QUESTIONS OF FACT, THE FINDINGS OF THE CONTRACTING OFFICER ARE FINAL AND CONCLUSIVE IN THE ABSENCE OF AN APPEAL WITHIN 30 DAYS TO THE HEAD OF THE DEPARTMENT CONCERNED. ALTHOUGH YOU INSIST THAT THE CONTRACTING OFFICER'S FINDING AS TO THE ESTIMATED VALUE OF THE WORK IS TOTALLY INADEQUATE, YOU DID NOT APPEAL HIS FINDING TO THE HEAD OF THE DEPARTMENT.

ACCORDINGLY, THE SETTLEMENT OF SEPTEMBER 12, 1955, IS SUSTAINED, AND YOUR NEGOTIATION OF THE CHECK ISSUED IN THE AMOUNT OF $99.12, RETURNED HEREWITH, MAY BE ACCOMPLISHED WITHOUT PREJUDICE TO ANY FURTHER ACTION IN THE MATTER.