B-148572, APR. 20, 1962

B-148572: Apr 20, 1962

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TO THE HARRIS MACHINERY COMPANY: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED MARCH 26. YOU FURNISH A COPY OF A LETTER FROM THE DAYTON AIR FORCE DEPOT PERTAINING TO A PRIOR AWARD THAT WAS MADE TO YOU BY THE GOVERNMENT BUT WHICH WAS SUBSEQUENTLY CANCELED. THE DISALLOWANCE OF YOUR CLAIM WAS BASED UPON LEGAL PRINCIPLES ESTABLISHED BY THE DECISIONS OF THE COURTS AND THIS OFFICE IN SIMILAR CASES AND SINCE THEY MUST BE UNIFORMLY APPLIED THERE WOULD NOT BE JUSTIFIED THE MAKING OF AN EXCEPTION IN YOUR CASE. THIS OFFICE IS AUTHORIZED TO SETTLE CLAIMS ONLY IN STRICT ACCORDANCE WITH APPLICABLE LEGAL PRINCIPLES AND IT HAS NO AUTHORITY OR JURISDICTION TO ALLOW CLAIMS BASED SOLELY ON A MORAL OBLIGATION OF THE GOVERNMENT.

B-148572, APR. 20, 1962

TO THE HARRIS MACHINERY COMPANY:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED MARCH 26, 1962, WITH ENCLOSURE, IN REGARD TO OUR SETTLEMENT OF MARCH 23, 1962, DISALLOWING YOUR CLAIM FOR $37.87 ARISING OUT OF BROOKELY AIR FORCE BASE SPOT BID SALE NO. 62-5X, DATED OCTOBER 4, 1961.

IN YOUR LETTER YOU INDICATE AGREEMENT WITH THE DISALLOWANCE ACTION TAKEN BY OUR OFFICE. HOWEVER, YOU SUGGEST THAT CONSIDERATIONS OTHER THAN THE STRICT APPLICATION OF THE LETTER OF THE LAW SHOULD BE GIVEN TO TRANSACTIONS OF THIS KIND. ALSO, YOU FURNISH A COPY OF A LETTER FROM THE DAYTON AIR FORCE DEPOT PERTAINING TO A PRIOR AWARD THAT WAS MADE TO YOU BY THE GOVERNMENT BUT WHICH WAS SUBSEQUENTLY CANCELED.

THE DISALLOWANCE OF YOUR CLAIM WAS BASED UPON LEGAL PRINCIPLES ESTABLISHED BY THE DECISIONS OF THE COURTS AND THIS OFFICE IN SIMILAR CASES AND SINCE THEY MUST BE UNIFORMLY APPLIED THERE WOULD NOT BE JUSTIFIED THE MAKING OF AN EXCEPTION IN YOUR CASE. THIS OFFICE IS AUTHORIZED TO SETTLE CLAIMS ONLY IN STRICT ACCORDANCE WITH APPLICABLE LEGAL PRINCIPLES AND IT HAS NO AUTHORITY OR JURISDICTION TO ALLOW CLAIMS BASED SOLELY ON A MORAL OBLIGATION OF THE GOVERNMENT.

WE HAVE NO KNOWLEDGE OF THE FACTS ATTENDING THE PRIOR SALE REFERRED TO BY YOU WHERE PROPERTY PREVIOUSLY SOLD TO YOU WAS NOT AVAILABLE FOR DELIVERY, AND, THEREFORE, ARE NOT IN A POSITION TO OFFER ANY COMMENTS WITH RESPECT THERETO. HOWEVER, THAT WAS A MATTER WHOLLY UNRELATED TO THE INSTANT CLAIM AND HAS NO BEARING THEREON.