B-141145, MAR. 2, 1962
Highlights
TO THE BUCKEYE UNION CASUALTY COMPANY: FURTHER REFERENCE IS MADE TO AN APPLICATION MADE TO OUR OFFICE IN YOUR BEHALF BY THE LAW FIRM OF ENGELMAN AND HART FOR THE REMISSION OF LIQUIDATED DAMAGES. THAT WERE OCCASIONED BY DELAYS IN CONNECTION WITH DEPARTMENT OF THE ARMY CONTRACTS NOS. WE ARE UNABLE TO GIVE FAVORABLE CONSIDERATION TO THE REMISSION OF ANY PORTION OF THE LIQUIDATED DAMAGES AS YOU REQUESTED.
B-141145, MAR. 2, 1962
TO THE BUCKEYE UNION CASUALTY COMPANY:
FURTHER REFERENCE IS MADE TO AN APPLICATION MADE TO OUR OFFICE IN YOUR BEHALF BY THE LAW FIRM OF ENGELMAN AND HART FOR THE REMISSION OF LIQUIDATED DAMAGES, PURSUANT TO THE PROVISIONS OF 10 U.S.C. 2312,THAT WERE OCCASIONED BY DELAYS IN CONNECTION WITH DEPARTMENT OF THE ARMY CONTRACTS NOS. DA-36-058-ENG-3681 AND DA-36-058-ENG-3733.
WITH REGARD TO THE EQUITABLE REMISSION OF SUCH DAMAGES, 10 U.S.C. 2312 PROVIDES THAT UPON THE RECOMMENDATION OF THE HEAD OF AN AGENCY, THE COMPTROLLER GENERAL MAY REMIT ALL OR PART, AS HE CONSIDERS JUST AND EQUITABLE, OF ANY LIQUIDATED DAMAGES ASSESSED FOR DELAY IN PERFORMING A CONTRACT MADE BY THAT AGENCY THAT PROVIDES FOR SUCH DAMAGES. IN THIS REGARD, IT SHOULD BE NOTED THAT BEFORE OUR OFFICE CAN GIVE FAVORABLE CONSIDERATION TO A CLAIM FOR REMISSION OF LIQUIDATED DAMAGES ON AN EQUITABLE BASIS, THE HEAD OF THE AGENCY CONCERNED MUST RECOMMEND REMISSION. IN A REPORT TO OUR OFFICE DATED FEBRUARY 19, 1962, THE ASSISTANT SECRETARY OF THE ARMY FOR INSTALLATIONS AND LOGISTICS, THE OFFICIAL AUTHORIZED TO ACT FOR THE SECRETARY, DECLINED TO MAKE SUCH A RECOMMENDATION.
ACCORDINGLY, WE ARE UNABLE TO GIVE FAVORABLE CONSIDERATION TO THE REMISSION OF ANY PORTION OF THE LIQUIDATED DAMAGES AS YOU REQUESTED.