B-128564, APR. 10, 1957

B-128564: Apr 10, 1957

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ESQUIRE: THIS IS IN REPLY TO YOUR LETTER OF FEBRUARY 28. Z 1696330 WHICH IS A CLAIM BY YOUR CLIENT. WAS DENIED BY OUR SETTLEMENT. COPY OF WHICH IS ENCLOSED. (B-128564) WE CAREFULLY REVIEWED YOUR CLIENT'S CLAIM AND OUR CONCLUSION WAS THAT THERE WAS NO LEGAL BASIS FOR PAYMENT. IN OUR OPINION YOU HAVE SUBMITTED NO NEW OR MATERIAL MATTER WHICH WOULD INDUCE US TO MODIFY OUR DECISION OF JULY 27. IT IS THE ESTABLISHED RULE OF THIS OFFICE TO RELY ON THE REPORT OF THE FACTS AS SUBMITTED BY THE ADMINISTRATIVE OFFICE. WE HAVE NO FACILITIES OR PROCEDURES FOR DETERMINING DISPUTED ISSUES OF FACT. OUR DISALLOWANCES OF CLAIMS ARE BINDING ONLY UPON THE ADMINISTRATIVE OFFICERS OF THE GOVERNMENT.

B-128564, APR. 10, 1957

TO ROBERT H. STATION, ESQUIRE:

THIS IS IN REPLY TO YOUR LETTER OF FEBRUARY 28, 1957, TO THIS OFFICE IN WHICH YOU MAKE APPLICATION FOR REVIEW OF CLAIM NO. Z 1696330 WHICH IS A CLAIM BY YOUR CLIENT, EASSE RADIO COMPANY, UNDER CONTRACT NO. DA/S/11-052- AV-1073, DATED MAY 4, 1955. SAID CLAIM, REPRESENTING $7,797,20 ALLEGED TO BE DUE YOUR CLIENT FOR 193 UNACCEPTABLE ODOGRAPHS, PLUS $590.58 FREIGHT COSTS, WAS DENIED BY OUR SETTLEMENT, DATED JUNE 14, 1956.

IN OUR LETTER TO SENATOR HOMER E. CAPEHART DATED JULY 27, 1956, COPY OF WHICH IS ENCLOSED, (B-128564) WE CAREFULLY REVIEWED YOUR CLIENT'S CLAIM AND OUR CONCLUSION WAS THAT THERE WAS NO LEGAL BASIS FOR PAYMENT.

IN OUR OPINION YOU HAVE SUBMITTED NO NEW OR MATERIAL MATTER WHICH WOULD INDUCE US TO MODIFY OUR DECISION OF JULY 27, 1956. IT IS THE ESTABLISHED RULE OF THIS OFFICE TO RELY ON THE REPORT OF THE FACTS AS SUBMITTED BY THE ADMINISTRATIVE OFFICE, IN THE ABSENCE OF EVIDENCE SUFFICIENTLY CONVINCING TO OVERCOME THE PRESUMPTION OF THE CORRECTNESS THEREOF. 3 COMP. GEN. 51; 16 COMP. GEN. 1105, 1106. WE HAVE NO FACILITIES OR PROCEDURES FOR DETERMINING DISPUTED ISSUES OF FACT, AND HOLD NO FORMAL HEARINGS. OUR DISALLOWANCES OF CLAIMS ARE BINDING ONLY UPON THE ADMINISTRATIVE OFFICERS OF THE GOVERNMENT, AND IN NO WAY AFFECT THE JUDICIAL REMEDIES TO WHICH THE CLAIMANTS MAY BE ENTITLED.

IF AFTER CONSIDERING OUR PREVIOUS DECISION YOU DESIRE FURTHER CONSIDERATION OF ANY PARTICULAR ..END :