B-134848, MAR. 4, 1958

TO THE BRAD HARRISON CO.: REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 26. WAS AMENDED BY DELETING THEREFROM PARAGRAPH (F) AND ADDING THE FOLLOWING: "* * * THE CONTRACTOR SHALL NOT BE CHARGED WITH LIQUIDATED DAMAGES WHEN THE DELAY ARISES OUT OF CAUSES BEYOND THE CONTROL AND WITHOUT THE FAULT OR NEGLIGENCE OF THE CONTRACTOR. THE RECORD SHOWS THAT YOU WERE DELINQUENT IN DELIVERY OF THE INVOLVED SUPPLIES AND YOU WERE ASSESSED LIQUIDATED DAMAGES. YOU REQUESTED AN EXTENSION OF TIME ALLEGING THAT THE DELAY IN DELIVERY WAS DUE IN PART TO THE LATE APPROVAL OF THE COMPOUND BY THE GOVERNMENT AND IN PART TO YOUR DIFFICULTY IN OBTAINING THE SOCKETS. STATES THAT ADDITIONAL REQUESTS FOR EXTENSION OF TIME WERE RECEIVED FROM YOU BUT THAT THE RECORD DOES NOT DISCLOSE ANY RESPONSE BY THE GOVERNMENT TO THESE REQUESTS NOR DOES IT DISCLOSE THAT YOU MADE ANY INQUIRY THEREAFTER ABOUT YOUR REQUESTS.