B-133148, FEB. 5, 1965

B-133148: Feb 5, 1965

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TO GENERAL MANSS: REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 13. WHICH INDICATE THAT THE AMOUNT REPORTED FOR SETOFF BY THE CONTRACTING OFFICER IS ONLY A SMALL PART OF THE POTENTIAL CLAIMS AGAINST THE CONTRACTOR WHICH ARE UNDER CONSIDERATION. WE ARE CERTIFYING SUCH AMOUNT FOR PAYMENT WITHOUT SETOFF. WITH THE EXPRESS STIPULATION THAT PAYMENT IS WITHOUT PREJUDICE TO ANY CLAIMS OF THE GOVERNMENT AGAINST THE CONTRACTOR FROM ANY CAUSE WHATSOEVER. WHICH HAVE NOT HERETOFORE RECEIVED YOUR CONSIDERATION.

B-133148, FEB. 5, 1965

TO GENERAL MANSS:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 13, 1964, REPLYING TO OUR INQUIRY OF SEPTEMBER 17, 1964, CONCERNING THE CLAIM OF SKIDMORE, OWINGS AND MERRILL FOR $30,000 AS FINAL PAYMENT FOR ARCHITECTURAL AND ENGINEERING SERVICES IN CONNECTION WITH CONSTRUCTION OF THE UNITED STATES AIR FORCE ACADEMY.

IN THE LIGHT OF THE FACTS REPORTED BY YOU, WHICH INDICATE THAT THE AMOUNT REPORTED FOR SETOFF BY THE CONTRACTING OFFICER IS ONLY A SMALL PART OF THE POTENTIAL CLAIMS AGAINST THE CONTRACTOR WHICH ARE UNDER CONSIDERATION, WE ARE CERTIFYING SUCH AMOUNT FOR PAYMENT WITHOUT SETOFF, WITH THE EXPRESS STIPULATION THAT PAYMENT IS WITHOUT PREJUDICE TO ANY CLAIMS OF THE GOVERNMENT AGAINST THE CONTRACTOR FROM ANY CAUSE WHATSOEVER.

WE CONCUR WITH THE SUGGESTION IN PARAGRAPH 12 OF YOUR LETTER THAT YOUR PRESENT CONSIDERATION OF POSSIBLE CLAIMS AGAINST THE CONTRACTOR INCLUDE THOSE DEFICIENCIES OF $27,554.98 FOR WHICH THE CONTRACTING OFFICER HAS PREVIOUSLY MADE DEMAND UPON THE CONTRACTOR, BUT WHICH HAVE NOT HERETOFORE RECEIVED YOUR CONSIDERATION.