B-150259, NOV. 21, 1962
Highlights
TO THE SECRETARY OF THE ARMY: ENCLOSED HEREWITH IS COPY OF A LETTER DATED NOVEMBER 5. IT IS THE VIEW OF THIS OFFICE THAT THE STATUTE UNDER WHICH THE CONTRACTOR NOW SEEKS EQUITABLE RELIEF. - AUTHORIZES THE GRANTING OF SUCH RELIEF ONLY IN THOSE CASES WHERE A FAVORABLE RECOMMENDATION IS MADE BY THE HEAD OF THE AGENCY CONCERNED. THE MATTER IS BEING SUBMITTED TO YOU FOR WHATEVER RECOMMENDATION YOU MAY DEEM APPROPRIATE. IT IS REQUESTED THAT YOUR REPORT INCLUDE.
B-150259, NOV. 21, 1962
TO THE SECRETARY OF THE ARMY:
ENCLOSED HEREWITH IS COPY OF A LETTER DATED NOVEMBER 5, 1962, FROM THE BOULIGNY COMPANY, P.O. BOX 10158, CHARLOTTE 1, NORTH CAROLINA, APPEALING TO THIS OFFICE FOR REMISSION ON AN EQUITABLE BASIS OF LIQUIDATED DAMAGES OCCASIONED BY DELAYS IN CONNECTION WITH WORK PERFORMED UNDER CONTRACT NO. DA-30-144-ORD-5783.
IT IS THE VIEW OF THIS OFFICE THAT THE STATUTE UNDER WHICH THE CONTRACTOR NOW SEEKS EQUITABLE RELIEF--- SECTION 10 OF THE ACT OF SEPTEMBER 5, 1950, 64 STAT. 591, 41 U.S.C. 256A--- AUTHORIZES THE GRANTING OF SUCH RELIEF ONLY IN THOSE CASES WHERE A FAVORABLE RECOMMENDATION IS MADE BY THE HEAD OF THE AGENCY CONCERNED. IN VIEW THEREOF, THE MATTER IS BEING SUBMITTED TO YOU FOR WHATEVER RECOMMENDATION YOU MAY DEEM APPROPRIATE; AND IN THE EVENT YOU SHOULD RECOMMEND SUCH RELIEF, IN WHOLE OR ANY PART, IT IS REQUESTED THAT YOUR REPORT INCLUDE, TOGETHER WITH SUCH RECOMMENDATION, A COMPLETE RECITATION OF THE FACTS AS TO THE EXTENT AND CAUSES OF THE DELAY INVOLVED.