B-143951, SEP. 22, 1961

B-143951: Sep 22, 1961

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TO THE SECRETARY OF AGRICULTURE: REFERENCE IS MADE TO A LETTER DATED SEPTEMBER 7. THE CLAIM WAS DISALLOWED BY OUR SETTLEMENT OF NOVEMBER 1. IT WAS LATER DETERMINED BY YOUR DEPARTMENT THAT ADMINISTRATIVE REMEDIES PROVIDED UNDER THE "DISPUTES CLAUSE" OF THE CONTRACT HAD NOT BEEN EXHAUSTED WITH RESPECT TO THIS CLAIM AND A FURTHER CLAIM FOR $11. 135.45 WHICH WAS SENT HERE UNDER DATE OF DECEMBER 7. AN AGRICULTURE BOARD OF CONTRACT APPEALS WAS CONVENED. PAYMENT IS BEING WITHHELD PENDING APPROVAL OF OUR OFFICE. 135.45 WAS RETURNED FOR HANDLING BY YOUR DEPARTMENT WE HAVE NO RECOMMENDATION TO MAKE WITH REGARD TO THE DISPOSITION THEREOF BY THE BOARD.

B-143951, SEP. 22, 1961

TO THE SECRETARY OF AGRICULTURE:

REFERENCE IS MADE TO A LETTER DATED SEPTEMBER 7, 1961, WITH ENCLOSURE, FROM THE ADMINISTRATIVE ASSISTANT SECRETARY, RELATIVE TO THE CLAIM OF FREDERICK T. HOFF IN THE AMOUNT OF $5,065.75 REPRESENTING THE COST OF A WEIGHT TEST MADE BY THE CONTRACTOR IN CONNECTION WITH THE PERFORMANCE OF CONTRACT NO. 12-11-008-401.

THE CLAIM WAS DISALLOWED BY OUR SETTLEMENT OF NOVEMBER 1, 1960. HOWEVER, IT WAS LATER DETERMINED BY YOUR DEPARTMENT THAT ADMINISTRATIVE REMEDIES PROVIDED UNDER THE "DISPUTES CLAUSE" OF THE CONTRACT HAD NOT BEEN EXHAUSTED WITH RESPECT TO THIS CLAIM AND A FURTHER CLAIM FOR $11,135.45 WHICH WAS SENT HERE UNDER DATE OF DECEMBER 7, 1960, AND RETURNED AT YOUR REQUEST. ACCORDINGLY, AN AGRICULTURE BOARD OF CONTRACT APPEALS WAS CONVENED. THE BOARD HAS ALLOWED THE CONTRACTOR'S CLAIM IN THE AMOUNT OF $5,065.75 COVERING THE ADDITIONAL WORK REQUIRED BY CHANGE ORDER NO. 4, AND PAYMENT IS BEING WITHHELD PENDING APPROVAL OF OUR OFFICE.

IN VIEW OF THE FINDING OF THE BOARD OUR OFFICE HAS NO OBJECTION TO THE PAYMENT OF THE CLAIM.

SINCE THE CLAIM FOR $11,135.45 WAS RETURNED FOR HANDLING BY YOUR DEPARTMENT WE HAVE NO RECOMMENDATION TO MAKE WITH REGARD TO THE DISPOSITION THEREOF BY THE BOARD.