B-135389, MAR. 10, 1958

B-135389: Mar 10, 1958

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TO THE ATTORNEY GENERAL: THERE IS BEFORE OUR OFFICE FOR CONSIDERATION THE REPORTED INDEBTEDNESS TO THE UNITED STATES OF JACK D. THE DEBTOR WAS INFORMED THAT HIS OFFER HAD BEEN ACCEPTED. THE PROPERTY WAS SUBSEQUENTLY READVERTISED AND SOLD TO ONE E. THE DEBTOR WAS ADVISED BY THE CONTRACTING OFFICER THAT UNDER THE TERMS OF THE CONTRACT OF SALE HE WAS INDEBTED TO THE UNITED STATES IN THE AMOUNT OF $235.46. INASMUCH AS THE INFORMATION FURNISHED THEREIN DISCLOSES THAT HE IS FINANCIALLY ABLE TO REPAY THE ENTIRE INDEBTEDNESS. THE DEBTOR'S OFFER IN COMPROMISE AND FINANCIAL STATEMENT ARE TRANSMITTED HEREWITH. THE REMITTANCE OF $45 IS BEING RETAINED HERE PENDING YOUR DETERMINATION IN THE MATTER. COPIES OF ANY ADDITIONAL DOCUMENTS OR PAPERS ON FILE HERE WILL BE FURNISHED UPON RECEIPT OF SUCH REQUEST FROM YOUR DEPARTMENT.

B-135389, MAR. 10, 1958

TO THE ATTORNEY GENERAL:

THERE IS BEFORE OUR OFFICE FOR CONSIDERATION THE REPORTED INDEBTEDNESS TO THE UNITED STATES OF JACK D. JONES, SAN JOAQUIN, CALIFORNIA, IN THE AMOUNT OF $235.46, REPRESENTING LOSS SUSTAINED BY THE UNITED STATES DUE TO THE DEBTOR'S DEFAULT UNDER A SPOT BID SALE CONSISTING OF INVITATION NO. AVI-04 -513-S-57-20 DATED MARCH 14, 1957, OFFER DATED MARCH 18, 1957, AND ACCEPTANCE OF APRIL 15, 1957.

UNDER THE TERMS OF THE SUBJECT SALE, THE DEBTOR AGREED TO PURCHASE ITEM NO. 94, DESCRIBED IN THE INVITATION AS ONE 2-WHEEL, 3-TON, 3/4 CU. YD. TRAILER, FOR THE PRICE OF $309. BY NOTICE DATED APRIL 15, 1957, THE DEBTOR WAS INFORMED THAT HIS OFFER HAD BEEN ACCEPTED, THAT THE PROPERTY MUST BE REMOVED BY APRIL 29, 1957, AND THAT PAYMENT MUST BE MADE PRIOR TO THE REMOVAL THEREOF, AS PROVIDED IN THE CONTRACT.

DUE TO DEBTOR'S FAILURE TO REMOVE THE PROPERTY AND MAKE PAYMENT THEREFOR, THE PROPERTY WAS SUBSEQUENTLY READVERTISED AND SOLD TO ONE E. BOTTIMORE, UNDER INVITATION NO. AVI-04-513-S-58-3 DATED AUGUST 19, 1957, FOR THE PRICE OF $140. BY LETTER DATED AUGUST 21, 1957, THE DEBTOR WAS ADVISED BY THE CONTRACTING OFFICER THAT UNDER THE TERMS OF THE CONTRACT OF SALE HE WAS INDEBTED TO THE UNITED STATES IN THE AMOUNT OF $235.46, REPRESENTING THE DIFFERENCE BETWEEN HIS BID AND THAT OF MR. BOTTIMORE, OR $169, AND STORAGE CHARGES OF $66.46, FOR A TOTAL OF $235.46.

IN RESPONSE TO THE DEMAND FOR PAYMENT FROM THE ADMINISTRATIVE OFFICE, THE DEBTOR TENDERED HIS CHECK IN THE AMOUNT OF $45, WHICH HE ESTIMATED WOULD COVER ANY PAPER WORK CHARGES INCURRED BY THE UNITED STATES DUE TO HIS DEFAULT. THE ADMINISTRATIVE OFFICE CONSTRUED THE TENDER AS AN OFFER IN COMPROMISE AND FORWARDED THE MATTER TO OUR OFFICE FOR APPROPRIATE ACTION.

UPON REQUEST, THE DEBTOR FURNISHED OUR OFFICE A FINANCIAL STATEMENT IN SUPPORT OF HIS OFFER IN COMPROMISE. INASMUCH AS THE INFORMATION FURNISHED THEREIN DISCLOSES THAT HE IS FINANCIALLY ABLE TO REPAY THE ENTIRE INDEBTEDNESS, AND IN VIEW OF HIS CLEAR LIABILITY, OUR OFFICE RECOMMENDS REJECTION OF THE OFFER.

THE DEBTOR'S OFFER IN COMPROMISE AND FINANCIAL STATEMENT ARE TRANSMITTED HEREWITH, AND SHOULD BE RETURNED. THE REMITTANCE OF $45 IS BEING RETAINED HERE PENDING YOUR DETERMINATION IN THE MATTER.

COPIES OF ANY ADDITIONAL DOCUMENTS OR PAPERS ON FILE HERE WILL BE FURNISHED UPON RECEIPT OF SUCH REQUEST FROM YOUR DEPARTMENT.