B-143771, JUN. 29, 1961

B-143771, JUN. 29, 1961

TO EMIL P. HENDRIKS CO., INC.:

REFERENCE IS MADE TO YOUR LETTER OF MAY 31, 1961, WITH ENCLOSURES, REGARDING YOUR CLAIM UNDER CONTRACT NO. DA-11-032-ENG-7226 FOR THE REHABILITATION OF FACILITIES AT JOLIET ARSENAL, JOLIET, ILLINOIS.

IN YOUR LETTER YOU REQUEST OUR ASSISTANCE IN EXPEDITING THE PROCESSING OF YOUR CLAIM UNDER THE ABOVE CONTRACT NOW PENDING WITH THE DISTRICT ENGINEER, CORPS OF ENGINEERS, U.S. ARMY, CHICAGO, ILLINOIS.

A COPY OF THE INVOLVED CONTRACT IS NOT PRESENTLY AVAILABLE AND WE HAVE NO FIRSTHAND KNOWLEDGE OF THE FACTS SUPPORTING YOUR CLAIM. OF COURSE, WE DO NOT HAVE ANY AUTHORITY TO DIRECT THE ADMINISTRATIVE OFFICE TO TAKE PROMPT ACTION IN PROCESSING THE CLAIM, NOR IS THERE ANY INDICATION THAT THE CLAIM COULD BE CONSIDERED DIRECTLY BY OUR OFFICE AT THIS TIME BECAUSE IT APPEARS FROM THE ENCLOSURES TO YOUR LETTER THAT YOUR CLAIM INVOLVES A DISPUTE OF FACT WHICH IS GENERALLY REQUIRED UNDER THE TERMS OF THE VARIOUS CONTRACTS TO BE DECIDED BY THE CONTRACTING OFFICER AND IN CASE OF AN ADVERSE DECISION BY THE CONTRACTING OFFICER, THE MATTER MAY BE APPEALED TO THE HEAD OF THE DEPARTMENT CONCERNED OR HIS AUTHORIZED REPRESENTATIVE. WE DO NOT KNOW WHETHER THE CONTRACTING OFFICER HAS FURNISHED YOU A DECISION UNDER THE "DISPUTES" CLAUSE; HOWEVER, WE HAVE BEEN INFORMALLY ADVISED BY A REPRESENTATIVE OF THE BOARD OF CONTRACT APPEALS, CORPS OF ENGINEERS, OFFICE OF THE CHIEF OF ENGINEERS, THAT NO APPEAL BY YOU HAS AS YET BEEN RECEIVED.

IF, AS INDICATED ABOVE, YOUR CLAIM IS COGNIZABLE UNDER A "DISPUTES" CLAUSE MAKING FINAL THE ADMINISTRATIVE DETERMINATION ON A QUESTION OF FACT, YOUR RIGHT TO HAVE YOUR CLAIM CONSIDERED FAVORABLY BY OUR OFFICE OR THE COURTS IS CONTINGENT UPON YOUR FOLLOWING THE PROCEDURE SPECIFIED IN THE CONTRACT.

IF, HOWEVER, YOUR CLAIM INVOLVES SOLELY A QUESTION OF LAW, IT WOULD NOT BE NECESSARY TO HAVE THE CLAIM CONSIDERED UNDER THE "DISPUTES" CLAUSE IN ORDER TO SECURE CONSIDERATION OF THE MERITS OF YOUR CLAIM BY OUR OFFICE.