B-147808, JAN. 24, 1963

B-147808, JAN. 24, 1963

TO BROWN TRANSPORT CORPORATION:

WE REFER AGAIN TO YOUR LETTER OF APRIL 5, 1962, IN WHICH YOU OFFERED TO SETTLE FOR $5,000 THE GOVERNMENT'S CLAIM AGAINST YOU FOR $90,702.20 BECAUSE OF A LOSS IN TRANSIT FROM AN AIR FORCE SHIPMENT ON BILL OF LADING AF-028179, ISSUED JUNE 15, 1959.

AFTER THE RECORD HAD AGAIN BEEN REVIEWED HERE AND BY THE AIR FORCE ACCOUNTING AND FINANCE CENTER, WE SUBMITTED YOUR PROPOSAL TO THE DEPARTMENT OF JUSTICE, WHICH HAS JURISDICTION TO ACT UPON SUCH COMPROMISE OFFERS. THE DEPARTMENT OF JUSTICE RECENTLY INFORMED US THAT IT HAD REJECTED YOUR OFFER TO COMPROMISE THIS CLAIM FOR $5,000. HOWEVER, THE DEPARTMENT HAS AUTHORIZED US TO MAKE YOU A COUNTEROFFER WHEREBY YOU WOULD PAY $46,000 IN FULL SETTLEMENT OF THE GOVERNMENT'S CLAIM. THIS COUNTEROFFER CONTEMPLATES CREDITING YOU WITH ANY PARTIAL COLLECTION THAT MAY HAVE BEEN MADE. OUR RECORDS SHOW THAT THE UNITED STATES ARMY FINANCE CENTER COLLECTED BY SETOFF $6,759.74 IN PARTIAL LIQUIDATION OF THE GOVERNMENT'S CLAIM. ACCORDINGLY, IF YOU WOULD SUBMIT A NEW OFFER ON THE INDICATED TERMS, THE ADDITIONAL AMOUNT PAYABLE BY YOU IN FULL SETTLEMENT OF THE CLAIM WOULD BE $39,240.26 ($46,000 LESS $6,759.74). SHOULD YOU DETERMINE TO REJECT THE COUNTEROFFER, IT WOULD BE NECESSARY TO EFFECT PAYMENT OF THE UNCOLLECTED BALANCE OF THE ORIGINAL CLAIM, $83,942.46 ($90,702.20 LESS $6,759.74).

WE WILL TAKE NO FURTHER ACTION IN THIS MATTER FOR 30 DAYS FROM THE DATE OF THIS LETTER TO AFFORD YOUR COMPANY AN OPPORTUNITY TO CONSIDER THE DESIRABILITY OF THE NEW PROPOSAL FOR THE ..END :