B-124900, DEC. 9, 1955

B-124900, DEC. 9, 1955

TO TRUE QUALITY SHOE CO., INC.:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 7, 1955, REQUESTING RECONSIDERATION OF OUR DECISION DATED OCTOBER 12, 1955, B-124900, TO YOU, WHICH SUSTAINED THE SETTLEMENT OF MAY 10, 1955, DISALLOWING YOUR CLAIM FOR $10,056, REPRESENTING AN ADDITIONAL AMOUNT ALLEGED TO BE DUE YOU IN CONNECTION WITH THE FABRICATION OF CANVAS HOSPITAL SLIPPERS FOR THE DEPARTMENT OF THE ARMY PURSUANT TO CONTRACTS NOS. DA30-280-QM 27083 AND DA30-280-QM-27086, BOTH DATED JUNE 6, 1952.

YOUR LETTER MERELY RESTATES THE CONTENTIONS EXPRESSED IN PRIOR CORRESPONDENCE TO OUR OFFICE AND CONTAINS NO NEW EVIDENCE OR DATA NOT STUDIED AND CONSIDERED AT THE TIME THE DECISION OF OCTOBER 12, 1955, WAS RENDERED. FOR THE REASONS SET FORTH IN THE DECISION, IT WAS HELD THAT THERE IS NO LEGAL BASIS FOR PAYMENT OF ANY AMOUNT IN ADDITION TO THE CONTRACT PRICE. A REEXAMINATION OF THE RECORD OF THIS OFFICE DISCLOSES NOTHING WHICH WOULD REQUIRE OR JUSTIFY A CONCLUSION DIFFERENT FROM THAT PREVIOUSLY REACHED IN THIS MATTER.

ACCORDINGLY, THE DECISION OF OCTOBER 12, 1955, IS AFFIRMED.

WITH RESPECT TO YOUR REQUEST FOR ADVICE AS TO WHAT RECOURSE YOU MAY HAVE BY WAY OF AN APPEAL, YOU ARE ADVISED THAT UNDER THE LAW, DECISIONS RENDERED BY THE COMPTROLLER GENERAL OF THE UNITED STATES ARE FINAL AND BINDING UPON ALL DEPARTMENTS AND AGENCIES OF THE EXECUTIVE BRANCH OF THE GOVERNMENT. OF COURSE, YOU HAVE THE RIGHT TO FILE SUIT IN THE UNITED STATES COURT OF CLAIMS, OR BRING SUCH ACTION IN THE FEDERAL DISTRICT COURT FOR THE DISTRICT IN WHICH YOUR CORPORATION IS ..END :