B-147298, APR. 11, 1962

B-147298: Apr 11, 1962

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OFFICE OF PROJECT RESEARCH AND GRANTS: FURTHER REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 22. WHILE IT IS NOT OUR PURPOSE TO FORECLOSE YOU FROM PURSUING AND EXHAUSTING ALL POSSIBLE ADMINISTRATIVE REMEDIES. - THE BOARD IS WITHOUT JURISDICTION TO GRANT RELIEF IN THE MATTER.

B-147298, APR. 11, 1962

TO THE UNIVERSITY OF PENNSYLVANIA, OFFICE OF PROJECT RESEARCH AND GRANTS:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 22, 1961, WHEREIN, CONCERNING THE DISALLOWANCE BY OUR CLAIMS DIVISION SETTLEMENT, DATED MAY 1, 1961, OF YOUR CLAIM FOR $86,764.53, UNDER CONTRACT NO. AF 18/600/-125, DATED DECEMBER 1, 1951, YOU REQUEST ADVICE AS TO HOW YOU SHOULD NOW PROCEED.

WITH RESPECT TO THE SUGGESTED SUBMISSION OF YOUR CLAIM TO THE ARMED SERVICES BOARD OF CONTRACT APPEALS, WHILE IT IS NOT OUR PURPOSE TO FORECLOSE YOU FROM PURSUING AND EXHAUSTING ALL POSSIBLE ADMINISTRATIVE REMEDIES, WE MUST EXPRESS THE VIEW THAT IN OUR OPINION--- WHICH WE RESPECTFULLY SUGGEST BE CONFIRMED WITH YOUR LEGAL COUNSEL--- THE BOARD IS WITHOUT JURISDICTION TO GRANT RELIEF IN THE MATTER.

HOWEVER, INDEPENDENT OF ADMINISTRATIVE PROCEEDINGS OR THE ACTION TAKEN IN THIS MATTER BY OUR CLAIMS DIVISION, THE UNITED STATES COURT OF CLAIMS HAS JURISDICTION TO CONSIDER AND DETERMINE THE MERITS OF YOUR CLAIM AGAINST THE UNITED STATES IF FILED THERE WITHIN SIX YEARS AFTER SUCH CLAIM FIRST ACCRUES.' 25 U.S.C. 1491 AND 2501.