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B-144094, MAY 15, 1961

B-144094 May 15, 1961
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MERRY: REFERENCE IS MADE TO YOUR LETTER OF APRIL 29. WHICH WAS THE SUBJECT OF OUR DECISIONS DATED OCTOBER 14. I HAVE RECONSIDERED YOUR CLAIM PERSONALLY AND HAVE GIVEN CAREFUL AND THOROUGH CONSIDERATION TO YOUR CONTENTIONS. I FIND THAT THE CLEAR INTENT OF THE CONTRACT WAS THAT THE $88. 000 FUND MENTIONED IN THE CONTRACT WAS TO BE AVAILABLE FOR THE PERFORMANCE OF SUCH WORK (ESTIMATED AT 10. THE CONTRACTOR WAS TO BE PERMITTED TO PERFORM ADDITIONAL WORK UNTIL THE $88. 000 WAS EXHAUSTED.

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B-144094, MAY 15, 1961

TO MR. HENRY W. MERRY:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 29, 1961, WITH FURTHER REGARD TO YOUR CLAIM UNDER CONTRACT DA-19-016-CIVENG-57-259, WHICH WAS THE SUBJECT OF OUR DECISIONS DATED OCTOBER 14, 1960, MARCH 1, 1961, AND APRIL 27, 1961, TO YOU.

I HAVE RECONSIDERED YOUR CLAIM PERSONALLY AND HAVE GIVEN CAREFUL AND THOROUGH CONSIDERATION TO YOUR CONTENTIONS. I FIND THAT THE CLEAR INTENT OF THE CONTRACT WAS THAT THE $88,000 FUND MENTIONED IN THE CONTRACT WAS TO BE AVAILABLE FOR THE PERFORMANCE OF SUCH WORK (ESTIMATED AT 10,000 TONS OF STONE SETTING AND 100 HOURS OF STONE RESETTING) AS THE CONTRACTING OFFICER MIGHT DESIGNATE. I DO NOT FIND ANY REQUIREMENT THAT, IF THE ESTIMATED WORK SHOULD BE COMPLETED AT A PRICE LESS THAN $88,000, THE CONTRACTOR WAS TO BE PERMITTED TO PERFORM ADDITIONAL WORK UNTIL THE $88,000 WAS EXHAUSTED.

IN THE CIRCUMSTANCES, I AM COMPELLED TO CONCLUDE THAT NO LEGAL BASIS EXISTS FOR ANY DEPARTURE FROM THE CONCLUSION REACHED IN OUR PREVIOUS DECISIONS IN THE MATTER.

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