B-155473, MAR. 16, 1965

B-155473: Mar 16, 1965

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INC.: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED OCTOBER 7. 000.40 WHICH WERE ASSESSED AGAINST YOU UNDER DEPARTMENT OF THE NAVY CONTRACT NO. WE ARE UNABLE TO GIVE FAVORABLE CONSIDERATION TO THE REMISSION OF ANY PORTION OF THE LIQUIDATED DAMAGES ASSESSED AGAINST YOU UNDER THE CONTRACT NO.

B-155473, MAR. 16, 1965

TO GENERAL PRECISION, INC.:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED OCTOBER 7, 1964, WITH ENCLOSURES, REQUESTING EQUITABLE REMISSION, UNDER SECTION 2312 OF TITLE 10, U.S.C. OF LIQUIDATED DAMAGES IN THE AMOUNT OF $15,000.40 WHICH WERE ASSESSED AGAINST YOU UNDER DEPARTMENT OF THE NAVY CONTRACT NO. NOBS- 88260.

WITH REGARD TO THE EQUITABLE REMISSION OF SUCH DAMAGES, SECTION 2312 OF TITLE 10, UNITED STATES CODE, PROVIDES THAT UPON THE RECOMMENDATION OF THE HEAD OF AN AGENCY, THE COMPTROLLER GENERAL MAY REMIT ALL OR PART, AS HE CONSIDERS JUST AND EQUITABLE, OF ANY LIQUIDATED DAMAGES ASSESSED FOR DELAY IN PERFORMING A CONTRACT MADE BY THAT AGENCY WHICH PROVIDES FOR SUCH DAMAGES. IN THIS REGARD, IT SHOULD BE NOTED THAT BEFORE OUR OFFICE CAN GIVE FAVORABLE CONSIDERATION TO A CLAIM FOR REMISSION OF LIQUIDATED DAMAGES ON AN EQUITABLE BASIS, THE HEAD OF THE AGENCY CONCERNED MUST RECOMMEND REMISSION. IN A REPORT TO OUR OFFICE DATED FEBRUARY 26, 1965, THE ASSISTANT SECRETARY OF THE NAVY FOR INSTALLATIONS AND LOGISTICS, THE OFFICIAL AUTHORIZED TO ACT FOR THE SECRETARY, DECLINED TO MAKE SUCH A RECOMMENDATION.

ACCORDINGLY, WE ARE UNABLE TO GIVE FAVORABLE CONSIDERATION TO THE REMISSION OF ANY PORTION OF THE LIQUIDATED DAMAGES ASSESSED AGAINST YOU UNDER THE CONTRACT NO. NOBS-88260.