B-125959, JAN. 19, 1956
Highlights
TO CONSOLIDATED ENGINEERING LIMITED: REFERENCE IS MADE TO YOUR LETTERS OF OCTOBER 19 AND 27. UPON REVIEW OF THE MATTER IT IS APPARENT THAT ON THE PRESENT RECORD WE WOULD NOT BE WARRANTED IN AUTHORIZING PAYMENT OF ANY AMOUNT ON THE CLAIMS. THIS CONCLUSION IS BASED TO A LARGE EXTENT UPON INFORMATION FURNISHED BY THE CONTRACTING OFFICER WHOSE DECISIONS ON THE FACTUAL ISSUES OF THE CASE WOULD BE FINAL AND CONCLUSIVE. SUBJECT TO YOUR RIGHT OF APPEAL WITHIN 30 DAYS TO OTHER DESIGNATED ADMINISTRATIVE OFFICIALS AND TO THE AUTHORITY OF OUR OFFICE OR THE COURTS TO QUESTION THE VALIDITY OF ANY SUCH DECISION WHICH IS NOT SUPPORTED BY SUBSTANTIAL EVIDENCE OR WHICH IS DETERMINED TO BE FRAUDULENT OR CAPRICIOUS OR SO GROSSLY ERRONEOUS AS TO IMPLY BAD FAITH.
B-125959, JAN. 19, 1956
TO CONSOLIDATED ENGINEERING LIMITED:
REFERENCE IS MADE TO YOUR LETTERS OF OCTOBER 19 AND 27, 1955, RELATIVE TO THE DISALLOWANCE OF YOUR CLAIMS FOR $38,302.90, $143,454.79, $720 AND $87,100 UNDER CONTRACTS NOS. DA-91-605-EUC/100), DA-91-605-EUC/101), DA-91 -605-EUC/156) AND DA-91-605-EUC/175), COVERING ARCHITECTURAL AND ENGINEERING SERVICES REQUIRED IN CONNECTION WITH CERTAIN CONSTRUCTION PROJECTS.
UPON REVIEW OF THE MATTER IT IS APPARENT THAT ON THE PRESENT RECORD WE WOULD NOT BE WARRANTED IN AUTHORIZING PAYMENT OF ANY AMOUNT ON THE CLAIMS. THIS CONCLUSION IS BASED TO A LARGE EXTENT UPON INFORMATION FURNISHED BY THE CONTRACTING OFFICER WHOSE DECISIONS ON THE FACTUAL ISSUES OF THE CASE WOULD BE FINAL AND CONCLUSIVE, SUBJECT TO YOUR RIGHT OF APPEAL WITHIN 30 DAYS TO OTHER DESIGNATED ADMINISTRATIVE OFFICIALS AND TO THE AUTHORITY OF OUR OFFICE OR THE COURTS TO QUESTION THE VALIDITY OF ANY SUCH DECISION WHICH IS NOT SUPPORTED BY SUBSTANTIAL EVIDENCE OR WHICH IS DETERMINED TO BE FRAUDULENT OR CAPRICIOUS OR SO GROSSLY ERRONEOUS AS TO IMPLY BAD FAITH.
HOWEVER, THE PROCEDURES ESTABLISHED IN THE CONTRACTS FOR THE DETERMINATION OF THE FACTUAL ISSUES INVOLVED IN YOUR CLAIMS AND IN POSSIBLE COUNTERCLAIMS BY THE GOVERNMENT DO NOT APPEAR TO HAVE BEEN FOLLOWED AND, IN VIEW OF YOUR REFERENCE TO THE DISPUTES ARTICLES OF THE CONTRACTS, WE ARE REQUESTING THE DEPARTMENT OF THE ARMY TO TAKE APPROPRIATE ACTION PURSUANT TO SUCH CONTRACT PROVISIONS.
A COPY OF THIS LETTER IS BEING FORWARDED TO MR. ELMO ROBINSON, WEST PALM BEACH, FLORIDA, IN ACCORDANCE WITH YOUR REQUEST THAT COPIES OF ALL FURTHER CORRESPONDENCE IN THE MATTER BE FURNISHED TO HIM.