B-162397, APR. 11, 1968

B-162397: Apr 11, 1968

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POSTMASTER GENERAL: REFERENCE IS MADE TO A LETTER DATED SEPTEMBER 1. THAT WHILE HE HAS BEEN UNABLE TO ARRIVE AT THE PRECISE AMOUNT TO WHICH LOGAN COMPANY IS ENTITLED. HE BELIEVES THAT SUCH AMOUNT IS "AT LEAST AS MUCH AS. THE AMOUNT FOR WHICH SETTLEMENT IS PROPOSED.'. WE HAVE FOUND NO REASON TO QUESTION THE CONTRACTING OFFICER'S CONCLUSION. CL. 70) WE HAVE NO OBJECTION TO THE PAYMENT OF THE $12.

B-162397, APR. 11, 1968

TO MR. POSTMASTER GENERAL:

REFERENCE IS MADE TO A LETTER DATED SEPTEMBER 1, 1967, WITH SUPPORTING FILE, FROM THE CONTRACTING OFFICER OF YOUR BUREAU OF FACILITIES SUBMITTING FOR OUR APPROVAL AN OFFER BY THE LOGAN COMPANY TO ACCEPT $12,324.11 IN FULL SETTLEMENT OF ALL OF THAT FIRM'S CLAIMS AGAINST THE UNITED STATES ARISING OUT OF, OR IN CONNECTION WITH, CONTRACT OR PURCHASE ORDER NO. 1-1- 10338 DATED JUNE 12, 1961, FOR FURNISHING AND INSTALLING A MAIL HANDLING SYSTEM IN THE UNITED STATES POST OFFICE, SAGINAW, MICHIGAN. THE CONTRACTING OFFICER STATES THAT HE HAS MADE A CAREFUL INVESTIGATION OF THE FACTS AND CIRCUMSTANCES AND HAS CONCLUDED THAT THE SETTLEMENT WOULD BE IN THE BEST INTERESTS OF THE UNITED STATES. FURTHER, THAT WHILE HE HAS BEEN UNABLE TO ARRIVE AT THE PRECISE AMOUNT TO WHICH LOGAN COMPANY IS ENTITLED, HE BELIEVES THAT SUCH AMOUNT IS "AT LEAST AS MUCH AS, AND PROBABLY IN EXCESS OF, THE AMOUNT FOR WHICH SETTLEMENT IS PROPOSED.'

AFTER EXTENSIVE INDEPENDENT INQUIRY INTO THE FACTS AND CIRCUMSTANCES INVOLVED IN THE SUBJECT CLAIM, WHICH INCLUDED INTERVIEWS WITH OFFICIALS OF LOGAN COMPANY AND OF YOUR DEPARTMENT, AND REVIEW OF PERTINENT LOGAN AND DEPARTMENTAL RECORDS, WE HAVE FOUND NO REASON TO QUESTION THE CONTRACTING OFFICER'S CONCLUSION.

ACCORDINGLY, AND SINCE THE FACTS OF RECORD APPEAR TO ESTABLISH THE GOVERNMENT'S RESPONSIBILITY FOR SUCH DELAY AS AMOUNTED TO A BREACH OF THE CONTRACT (SEE GEORGE A. FULLER CO. V UNITED STATES, 108 CT. CL. 70) WE HAVE NO OBJECTION TO THE PAYMENT OF THE $12,324.11, AS MUTUALLY AGREED UPON, IN FINAL DISPOSITION OF THIS MATTER.