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B-148595, JUN. 14, 1962

B-148595 Jun 14, 1962
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CASTIELLO AND BERLOW: REFERENCE IS MADE TO YOUR LETTER DATED JANUARY 15. FOR THE REMISSION OF LIQUIDATED DAMAGES WHICH WERE ASSESSED BY THE INTERSTATE COMMERCE COMMISSION AGAINST THE COLUMBIA REPORTING COMPANY IN THE AMOUNT OF $7. WE ARE UNABLE TO GIVE FAVORABLE CONSIDERATION TO THE REMISSION OF ANY PORTION OF THE LIQUIDATED DAMAGES THAT WERE ASSESSED AGAINST EITHER OF THESE FIRMS AS YOU REQUESTED.

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B-148595, JUN. 14, 1962

TO HANNAN, CASTIELLO AND BERLOW:

REFERENCE IS MADE TO YOUR LETTER DATED JANUARY 15, 1962, MAKING APPLICATION TO OUR OFFICE UNDER THE PROVISIONS OF SECTION 256A OF TITLE 41 OF THE U.S.C. FOR THE REMISSION OF LIQUIDATED DAMAGES WHICH WERE ASSESSED BY THE INTERSTATE COMMERCE COMMISSION AGAINST THE COLUMBIA REPORTING COMPANY IN THE AMOUNT OF $7,140 AND AGAINST THE CSA REPORTING CORPORATION IN THE AMOUNT OF $10,190 UNDER CONTRACTS NOS. IC 2687 AND IC-2690, RESPECTIVELY, BY REASON OF THE CONTRACTORS' FAILURE TO MAKE DELIVERY OF COPIES OF TRANSCRIPTS WITHIN THE SPECIFIED TIME LIMITS.

WITH REGARD TO THE EQUITABLE REMISSION OF SUCH DAMAGES, 41 U.S.C. 256A PROVIDES THAT UPON THE 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 THAT PROVIDES FOR SUCH DAMAGES. IN THIS REGARD, IT SHOULD BE NOTED THAT BEFORE OUR OFFICE CAN GIVE FAVORABLE CONSIDERATION TO A CLAIM FOR REMISSION OF LIQUIDATED DAMAGES ON AN EQUITABLE BASIS, THE HEAD OF THE AGENCY CONCERNED MUST RECOMMEND REMISSION. IN A REPORT TO OUR OFFICE DATED MAY 24, 1962, THE CHAIRMAN, INTERSTATE COMMERCE COMMISSION, DECLINED TO MAKE SUCH A RECOMMENDATION.

ACCORDINGLY, WE ARE UNABLE TO GIVE FAVORABLE CONSIDERATION TO THE REMISSION OF ANY PORTION OF THE LIQUIDATED DAMAGES THAT WERE ASSESSED AGAINST EITHER OF THESE FIRMS AS YOU REQUESTED.

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