B-152242, MAR. 5, 1964
Highlights
ROSS AND GORDON: WE HAVE RECEIVED YOUR LETTER DATED FEBRUARY 19. WAS NOT LIABLE FOR EXCESS COSTS AS ASSERTED BY THE GENERAL SERVICES ADMINISTRATION UNDER CONTRACT NO. WE CANNOT AGREE THAT THERE IS SERIOUS DOUBT AS TO THE MERITS OF THE CLAIM BY GENERAL SERVICES ADMINISTRATION. WE BELIEVE THE MERITS WERE FULLY AND EQUITABLY CONSIDERED IN OUR DECISION OF DECEMBER 26. THE NAME OF YOUR CLIENT WILL BE PLACED ON THE LIST OF PERSONS AND CONCERNS INDEBTED TO THE UNITED STATES. CONSIDERATION WILL BE GIVEN TO REFERRING THE DEBT TO THE DEPARTMENT OF JUSTICE FOR WHATEVER FURTHER ACTION MAY BE REQUIRED.
B-152242, MAR. 5, 1964
TO BLUMBERG, SINGER, ROSS AND GORDON:
WE HAVE RECEIVED YOUR LETTER DATED FEBRUARY 19, 1964, IN WHICH YOU REQUEST RECONSIDERATION OF OUR DECISION OF DECEMBER 26, 1963, WHICH REJECTED THE CONTENTION THAT YOUR CLIENT, HUXLEY-WESTFRIED CORPORATION, WAS NOT LIABLE FOR EXCESS COSTS AS ASSERTED BY THE GENERAL SERVICES ADMINISTRATION UNDER CONTRACT NO. GS-00S-26377 (SCM). THAT DECISION RECONSIDERED AND SUSTAINED A DECISION OF OUR CLAIMS DIVISION DATED JUNE 20, 1963.
WE CANNOT AGREE THAT THERE IS SERIOUS DOUBT AS TO THE MERITS OF THE CLAIM BY GENERAL SERVICES ADMINISTRATION. WE BELIEVE THE MERITS WERE FULLY AND EQUITABLY CONSIDERED IN OUR DECISION OF DECEMBER 26, 1963, WHICH ASSUMED A VERSION OF THE FACTS MOST FAVORABLE TO YOUR CLIENT. YOUR LETTER OF FEBRUARY 19, 1964, DOES NOT APPEAR TO PRESENT ANY BASIS UPON WHICH WE MIGHT REVERSE THAT DECISION.
ACCORDINGLY, THE NAME OF YOUR CLIENT WILL BE PLACED ON THE LIST OF PERSONS AND CONCERNS INDEBTED TO THE UNITED STATES, AND CONSIDERATION WILL BE GIVEN TO REFERRING THE DEBT TO THE DEPARTMENT OF JUSTICE FOR WHATEVER FURTHER ACTION MAY BE REQUIRED. CONCERNING YOUR SUGGESTION THAT SETTLEMENT BE MADE IN A NOMINAL AMOUNT, ANY PROPOSAL FOR COMPROMISE SETTLEMENT SHOULD BE SUBMITTED TO THE DEPARTMENT OF JUSTICE.