B-129207, DEC. 28, 1959

B-129207: Dec 28, 1959

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

H. TOMPKINS COMPANY: REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 8. 655 ALLEGED TO HAVE BEEN IMPROPERLY COLLECTED INCIDENT TO CHANGE ORDER NO. 39. THERE WAS FILED IN THE COURT OF CLAIMS ON BEHALF OF YOUR COMPANY A PETITION (CHAS. IN VIEW OF THE PENDING COURT ACTION OUR FILE IN THE CASE IS BEING CLOSED AND WE WILL TAKE NO FURTHER ACTION ON THE CLAIM.

B-129207, DEC. 28, 1959

TO THE CHAS. H. TOMPKINS COMPANY:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 8, 1959, PRESENTING A CLAIM FOR TWO REFUNDS AGGREGATING $131,655 ALLEGED TO HAVE BEEN IMPROPERLY COLLECTED INCIDENT TO CHANGE ORDER NO. 39, PARTS I AND II, DATED AUGUST 18, 1954, AND MAY 13, 1955, RESPECTIVELY, UNDER CONTRACT NO. DA-46-022-ENG -1448, DATED NOVEMBER 7, 1951.

OUR RECORDS SHOW THAT ON NOVEMBER 30, 1959, THERE WAS FILED IN THE COURT OF CLAIMS ON BEHALF OF YOUR COMPANY A PETITION (CHAS. H. TOMPKINS CO. V. UNITED STATES, C.CLS. NO. 512-59) SEEKING RECOVERY OF THE ABOVE AMOUNT OF $131,655 TOGETHER WITH AN ADDITIONAL AMOUNT OF $532,905.32 REPRESENTING FURTHER INCREASED COSTS ALLEGED TO BE DUE ON ACCOUNT OF PROLONGED DELAYS AND SUSPENSIONS OF WORK BY THE GOVERNMENT INCIDENT TO THE CONTRACT.

IN VIEW OF THE PENDING COURT ACTION OUR FILE IN THE CASE IS BEING CLOSED AND WE WILL TAKE NO FURTHER ACTION ON THE CLAIM.