B-143094, JUL. 5, 1960

B-143094: Jul 5, 1960

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BALLARD: REFERENCE IS MADE TO YOUR LETTERS DATED APRIL 18 AND MAY 17. THE GENERAL ACCOUNTING OFFICE IS WITHOUT AUTHORITY TO CONSIDER OFFERS IN COMPROMISE. THE ATTORNEY GENERAL IS VESTED WITH SUCH AUTHORITY AND. WE ARE NOW IN RECEIPT OF A LETTER DATED JUNE 20. YOU DEFAULTED IN THE PERFORMANCE OF THE CONTRACTS AND THEREAFTER THE PROPERTY INVOLVED WAS RESOLD FOR YOUR ACCOUNT. THERE ARE ENCLOSED FOR YOUR INFORMATION COPIES OF COMPUTATIONS MADE BY THE DEPARTMENT OF THE AIR FORCE SHOWING THE MANNER IN WHICH THE SUMS OF $314.77 AND $123.71 WERE DETERMINED TO BE DUE THE UNITED STATES. IT IS REQUESTED THAT WITHIN TWENTY DAYS FROM THE DATE OF THIS LETTER YOU REMIT TO OUR OFFICE THE SUM OF $438.48.

B-143094, JUL. 5, 1960

TO MR. H. N. BALLARD:

REFERENCE IS MADE TO YOUR LETTERS DATED APRIL 18 AND MAY 17, 1960, WITH THE LATTER OF WHICH YOU TRANSMITTED A CHECK IN THE AMOUNT OF $150, REPRESENTING AN OFFER SUBMITTED BY YOU AS IN FULL SETTLEMENT OF YOUR INDEBTEDNESS TO THE UNITED STATES IN THE SUM OF $438.48, AS THE LOSS INCURRED BY THE GOVERNMENT, INCLUDING APPLICABLE STORAGE CHARGES,RESULTING FROM YOUR DEFAULT UNDER CERTAIN CONTRACTS DESIGNATED AS SPOT BID SALES NOS. 59-30X AND 59-33X, DATED APRIL 10 AND APRIL 17, 1959, RESPECTIVELY.

THE GENERAL ACCOUNTING OFFICE IS WITHOUT AUTHORITY TO CONSIDER OFFERS IN COMPROMISE. HOWEVER, THE ATTORNEY GENERAL IS VESTED WITH SUCH AUTHORITY AND, ACCORDINGLY, UNDER DATE OF JUNE 16, 1960, WE REFERRED THE MATTER OF YOUR OFFER TO THE DEPARTMENT OF JUSTICE FOR CONSIDERATION. WE ARE NOW IN RECEIPT OF A LETTER DATED JUNE 20, 1960, FROM THE DEPARTMENT OF JUSTICE, REPORTING THE REJECTION OF YOUR OFFER OF SETTLEMENT.

THE RECORD IN THIS CASE APPEARS TO CLEARLY ESTABLISH YOUR LIABILITY TO THE UNITED STATES FOR THE SUM OF $438.48, IT APPEARING THAT IN RESPONSE TO INVITATION FOR BIDS MAILED FEBRUARY 20, 1959, YOU SUBMITTED BIDS IN AMOUNTS AGGREGATING $587.50, COVERING EIGHT ITEMS OF GOVERNMENT-OWNED SURPLUS PROPERTY OFFERED FOR SALE UNDER SPOT BID SALE NO. 59-30X, AND THAT IN RESPONSE TO A FURTHER INVITATION FOR BIDS MAILED MARCH 12, 1959, YOU SUBMITTED BIDS IN AMOUNTS AGGREGATING $188.62, COVERING EIGHT ITEMS OF GOVERNMENT-OWNED SURPLUS PROPERTY OFFERED FOR SALE UNDER SPOT BID SALE NO. 59-33X. YOU DEFAULTED IN THE PERFORMANCE OF THE CONTRACTS AND THEREAFTER THE PROPERTY INVOLVED WAS RESOLD FOR YOUR ACCOUNT. THERE ARE ENCLOSED FOR YOUR INFORMATION COPIES OF COMPUTATIONS MADE BY THE DEPARTMENT OF THE AIR FORCE SHOWING THE MANNER IN WHICH THE SUMS OF $314.77 AND $123.71 WERE DETERMINED TO BE DUE THE UNITED STATES. IT IS REQUESTED THAT WITHIN TWENTY DAYS FROM THE DATE OF THIS LETTER YOU REMIT TO OUR OFFICE THE SUM OF $438.48.

THE CHECK TRANSMITTED WITH YOUR LETTER OF MAY 17, 1960, IS RETURNED HEREWITH.