B-150595, MAR. 10, 1964

B-150595: Mar 10, 1964

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IT IS OUR UNDERSTANDING THAT THE MATTER IS NOW PENDING BEFORE THE ARMED SERVICES BOARD OF CONTRACT APPEALS (APPEAL NO. 9593). THIS IS TO CONFIRM THAT OUR DISALLOWANCE SHOULD NOT BE VIEWED AS PRECLUDING THE CONTRACTOR'S APPEAL UNDER THE DISPUTES PROCEDURE.

B-150595, MAR. 10, 1964

TO THE SECRETARY OF THE ARMY:

THIS REFERS TO THE CLAIM ASSERTED BY RELIANCE ROOF AND INSULATION COMPANY FOR $4,950, REPRESENTING AN ADDITIONAL AMOUNT ALLEGED TO BE DUE IN CONNECTION WITH REROOFING AND RECOATING ROOFS ON NINE BUILDINGS FOR THE DEPARTMENT OF THE ARMY, UNDER CONTRACT NO. DA-04-225-AVI-1011, DATED JUNE 30, 1958.

BY OUR LETTER OF APRIL 4, 1963, FROM STEPHEN P. HAYCOCK, ASSISTANT GENERAL COUNSEL, WE RETURNED THE CLAIM TO YOUR DEPARTMENT SUGGESTING APPROPRIATE ACTION IN ACCORDANCE WITH THE DISPUTES PROVISION OF THE CONTRACT. IT IS OUR UNDERSTANDING THAT THE MATTER IS NOW PENDING BEFORE THE ARMED SERVICES BOARD OF CONTRACT APPEALS (APPEAL NO. 9593). SINCE THE CONTRACTOR'S CLAIM HAD PREVIOUSLY BEEN DISALLOWED BY OUR CLAIMS DIVISION SETTLEMENT OF MAY 21, 1962, THIS IS TO CONFIRM THAT OUR DISALLOWANCE SHOULD NOT BE VIEWED AS PRECLUDING THE CONTRACTOR'S APPEAL UNDER THE DISPUTES PROCEDURE. SEE B-113751, MARCH 3, 1953.