B-153490, SEP. 23, 1964

B-153490: Sep 23, 1964

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WE HAVE MADE FURTHER EFFORTS TO ASCERTAIN THE CURRENT STATUS OF THESE CONTRACT CLAIMS. WE WISH TO EMPHASIZE THAT THESE CONTRACTS ARE STILL UNDER ADMINISTRATIVE COGNIZANCE AND THAT WE HAVE NO AUTHORITY TO SETTLE THESE CLAIMS IN OUR OFFICE UNLESS THE CONTRACTING AGENCIES ELECT TO SUBMIT THEM HERE FOR OUR CONSIDERATION AND DIRECT SETTLEMENT. THE LATEST INFORMATION WHICH WE HAVE BEEN ABLE TO ACCUMULATE ON THESE CLAIMS IS AS FOLLOWS: DEPARTMENT OF THE NAVY. BUREAU OF SHIPS CONTRACTS WE HAVE BEEN ADVISED BY THE CONTRACTING OFFICER. THAT MODIFICATIONS TO BOTH CONTRACTS HAVE BEEN EXECUTED AND TOTAL FEES OF $9. HAVE BEEN AGREED TO. WE WERE FURTHER ADVISED THAT THE CONTRACTING OFFICER HAS DETERMINED THAT TOTAL COSTS OF $245.

B-153490, SEP. 23, 1964

TO THORNSJO, SMITH AND JOHNSON:

BY LETTERS DATED JUNE 8 AND SEPTEMBER 4, 1964, YOU REQUESTED FURTHER ADVICE ON THE CLAIMS OF THE ELECTRO NUCLEAR SYSTEMS CORPORATION (TENS) AGAINST THE DEPARTMENTS OF THE AIR FORCE AND NAVY UNDER CERTAIN CONTRACTS FOR RESEARCH AND DEVELOPMENT WORK.

WE HAVE MADE FURTHER EFFORTS TO ASCERTAIN THE CURRENT STATUS OF THESE CONTRACT CLAIMS, BUT WE WISH TO EMPHASIZE THAT THESE CONTRACTS ARE STILL UNDER ADMINISTRATIVE COGNIZANCE AND THAT WE HAVE NO AUTHORITY TO SETTLE THESE CLAIMS IN OUR OFFICE UNLESS THE CONTRACTING AGENCIES ELECT TO SUBMIT THEM HERE FOR OUR CONSIDERATION AND DIRECT SETTLEMENT. SEE 31 U.S.C. 74.

THE LATEST INFORMATION WHICH WE HAVE BEEN ABLE TO ACCUMULATE ON THESE CLAIMS IS AS FOLLOWS: DEPARTMENT OF THE NAVY, BUREAU OF SHIPS CONTRACTS

WE HAVE BEEN ADVISED BY THE CONTRACTING OFFICER, BUREAU OF SHIPS, THAT MODIFICATIONS TO BOTH CONTRACTS HAVE BEEN EXECUTED AND TOTAL FEES OF $9,141.60 AND $2,935.00 UNDER CONTRACTS NOBSR-85353 AND NOBSR-87398, RESPECTIVELY, HAVE BEEN AGREED TO.

WE WERE FURTHER ADVISED THAT THE CONTRACTING OFFICER HAS DETERMINED THAT TOTAL COSTS OF $245,401.72 AND $66,927.06 WILL BE ALLOWED UNDER CONTRACTS NOBSR-85353 AND NOBSR-87398, RESPECTIVELY.

UPON RECEIPT OF THE PROPERLY EXECUTED VOUCHERS FROM TENS FOR THE UNPAID BALANCES OF $32,992.15 DUE UNDER CONTRACT NOBSR-85353 AND $10,159.19 DUE UNDER CONTRACT NOBSR-87398, FINAL PAYMENTS WILL BE ACCOMPLISHED BY THE DEPARTMENT OF THE NAVY. DEPARTMENT OF THE NAVY, NAVAL OCEANOGRAPHIC OFFICE CONTRACTS

WE HAVE BEEN ADVISED THAT THE AMOUNTS DUE UNDER CONTRACT N62306-907 AND N62306-1022 ARE $1,956.85 AND $2,060.96, RESPECTIVELY, THE SAME AS THOSE REPORTED TO YOU IN OUR LETTER OF MAY 20, 1964. WE WERE ALSO ADVISED THAT UNLESS THE REQUIRED VOUCHERS ARE SUBMITTED BY TENS TO THE CONTRACTING AGENCY NO FURTHER PAYMENTS CAN BE MADE. DEPARTMENT OF THE NAVY, OFFICE OF NAVAL RESEARCH CONTRACT

WE WERE ADVISED THAT ON MAY 28, 1964, THE OFFICE OF NAVAL RESEARCH (ONR) FILED A REPLY TO THE TENS COMPLAINT FILED WITH THE ARMED SERVICES BOARD OF CONTRACT APPEALS (ASBCA) AND THAT A COPY OF THE REPLY WAS SENT TO YOU. JUNE 24, 1964, ASBCA IN A LETTER TO YOU AND ONR REQUESTED THAT A MUTUALLY ACCEPTABLE TIME AND PLACE BE FIXED FOR THE HEARING. SINCE THIS IS A MATTER FOR DETERMINATION BY ASBCA UNDER THE DISPUTES PROCEDURES OF CONTRACT NONR 3452 (00), WE WOULD SUGGEST THAT THIS MATTER BE PURSUED DIRECTLY WITH THE RECORDER OF THE ASBCA. DEPARTMENT OF THE AIR FORCE CONTRACT

THE CONTRACTING OFFICER AT ROME AIR DEVELOPMENT CENTER, GRIFFISS AIR FORCE BASE, NEW YORK, HAS ADVISED THAT YOU HAD FILED A COMPLAINT WITH ASBCA UNDER CONTRACT AF30 (602/-2462. ON JUNE 24, 1964, ASBCA ASSIGNED DOCKET NO. 10092 TO THIS COMPLAINT. ON JULY 2, 1964, THE CONTRACTING OFFICER FORWARDED TO THE RECORDER OF ASBCA COPIES OF ALL DOCUMENTS PERTINENT TO THE APPEAL. A LISTING OF THESE DOCUMENTS WAS ALSO SENT TO YOU AS ATTORNEY FOR TENS. THEREAFTER, ON JULY 9, 1964, THE OFFICE OF THE JUDGE ADVOCATE GENERAL, DEPARTMENT OF THE AIR FORCE, FORWARDED TO THE CONTRACTING OFFICER A COPY OF A DEPARTMENT OF JUSTICE LETTER OF JUNE 30, 1964, ADVISING OF A SUIT IN THE COURT OF CLAIMS BY THE RECEIVER FOR TENS AND SUGGESTING TO THE AIR FORCE THAT ALL MONEY DUE UNDER AF (602/-2462 BE WITHHELD UNTIL THE PROPER RECIPIENT OF THE MONEY IS DETERMINED. WE WOULD SUGGEST, THEREFORE, THAT FURTHER CONTACT BE MADE WITH THE DEPARTMENTS OF JUSTICE AND/OR AIR FORCE.

IN VIEW OF THE FOREGOING, AND SINCE THESE MATTERS STILL REMAIN FOR DETERMINATION AND PAYMENT BY THE CONTRACTING AGENCIES, WE SUGGEST THAT FUTURE INQUIRIES BE TAKEN UP DIRECTLY WITH THOSE AGENCIES. WE TRUST THAT YOU WILL UNDERSTAND THAT IN THE SITUATIONS PRESENTED HERE THAT OUR OFFICE MAY NOT ACT AS AN ADJUDICATOR OF THE TENS CLAIMS.