B-132335, JUL. 22, 1959

B-132335, JUL. 22, 1959

TO MIMASU SANGYO G. K.:

REFERENCE IS MADE TO YOUR LETTER DATED MARCH 21, 1959, REQUESTING FURTHER CONSIDERATION OF OUR DECISION OF JANUARY 27, 1958, SUSTAINING THE SETTLEMENT OF APRIL 30, 1957, WHICH DISALLOWED YOUR CLAIM FOR A PARTIAL REFUND OF THE AMOUNT PAID FOR UNPREPARED STEEL AND IRON HEAVY (SCRAP) PURCHASED FROM THE UNITED STATES DEPARTMENT OF THE ARMY UNDER CONTRACT NO. DA/S/92-557-FEC-11873, DATED AUGUST 31, 1956.

THE MATTERS PRESENTED IN SUPPORT OF YOUR CONTENTION WERE CONSIDERED IN OUR DECISION OF JANUARY 27, JUNE 10, AND NOVEMBER 21, 1958. NO NEW EVIDENCE HAVING BEEN PRESENTED BY YOU, THE ACTION PREVIOUSLY TAKEN BY OUR OFFICE IN THE MATTER IS AFFIRMED. ALL CLAIMS FOR AND AGAINST THE UNITED STATES ARE SUBJECT TO SETTLEMENT IN THE GENERAL ACCOUNTING OFFICE, AND OUR DECISIONS ARE BINDING UPON ALL DEPARTMENTS AND AGENCIES OF THE EXECUTIVE BRANCH OF THE UNITED STATES GOVERNMENT.

IF YOUR REQUEST THAT YOUR CLAIM BE REFERRED TO "MEMBERS OF UPPER AND LOWER HOUSE" HAS REFERENCE TO THE ACT OF APRIL 10, 1928, 31 U.S.C. 236, YOU ARE ADVISED YOUR CLAIM DOES NOT CONTAIN SUCH ELEMENTS OF EQUITY AS WOULD REQUIRE OUR OFFICE TO REPORT IT TO THE UNITED STATES CONGRESS FOR CONSIDERATION UNDER THAT ACT.

IN THE CIRCUMSTANCES, IT APPEARS THAT FURTHER CORRESPONDENCE WITH OUR OFFICE ON THIS CLAIM WILL SERVE NO USEFUL PURPOSE.