B-171251, DEC. 11, 1970

B-171251: Dec 11, 1970

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IS DENIED ON THE GROUNDS THAT ARMY'S FAVORABLE RECOMMENDATION IS A PREREQUISITE TO ANY REMISSION ACTION BY GAO AND THAT THE ARMY HAS RECOMMENDED AGAINST REMISSION. WHICH IS ADDRESSED TO OUR OFFICE BUT WAS FORWARDED BY THE CONTRACTING OFFICER AND THE SECRETARY OF THE ARMY. IT IS APPARENT FROM THE STATUTE. THAT AN AGENCY'S FAVORABLE RECOMMENDATION IS A PREREQUISITE TO ANY REMISSION ACTION BY THIS OFFICE.

B-171251, DEC. 11, 1970

CONTRACTS - LIQUIDATED DAMAGES REQUEST FOR REMISSION OF LIQUIDATED DAMAGES UNDER 10 U.S.C. 2312 IN THE AMOUNT OF $2600 ASSESSED BY THE DEPARTMENT OF THE ARMY AGAINST SAUNDERS, INC., IS DENIED ON THE GROUNDS THAT ARMY'S FAVORABLE RECOMMENDATION IS A PREREQUISITE TO ANY REMISSION ACTION BY GAO AND THAT THE ARMY HAS RECOMMENDED AGAINST REMISSION.

TO ALLEN, DE GARMO & LEEDY:

WE REFER TO YOUR LETTER DATED APRIL 14, 1969, WHICH IS ADDRESSED TO OUR OFFICE BUT WAS FORWARDED BY THE CONTRACTING OFFICER AND THE SECRETARY OF THE ARMY, REQUESTING ON BEHALF OF SAUNDERS, INC., THE REMISSION OF LIQUIDATED DAMAGES UNDER 10 U.S.C. 2312 IN THE AMOUNT OF $2600 ASSESSED BY THE DEPARTMENT OF THE ARMY AGAINST YOUR CLIENT UNDER CONTRACT NO. DA-95- 507-CIVENG-66-24.

THE CITED STATUTE PROVIDES THAT UPON 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. IT IS APPARENT FROM THE STATUTE, AND IT HAS CONSISTENTLY BEEN OUR VIEW, THAT AN AGENCY'S FAVORABLE RECOMMENDATION IS A PREREQUISITE TO ANY REMISSION ACTION BY THIS OFFICE.

BY LETTER DATED NOVEMBER 6, 1970, COPY ATTACHED, THE SPECIAL ASSISTANT TO THE SECRETARY OF THE ARMY FOR CIVIL FUNCTIONS HAS RECOMMENDED AGAINST REMISSION. CONSEQUENTLY, YOUR REQUEST MAY NOT BE GRANTED BY THIS OFFICE. 34 COMP. GEN. 251 (1954).