B-141239, MAR. 1, 1960
Highlights
TO PENN CONVOY PETROLEUM PRODUCTS: REFERENCE IS MADE TO YOUR LETTER DATED FEBRUARY 16. SINCE YOU REITERATE CONTENTIONS WHICH WERE GIVEN CAREFUL CONSIDERATION IN OUR PRIOR DECISIONS. WITH RESPECT TO YOUR CONTENTION THAT ARTICLE 15 OF THE CONTRACT PROVIDES THAT THE CONTRACTING OFFICER SHALL MAKE THE DECISION IN MATTERS OF THIS KIND AND THAT HIS DECISION IN THIS INSTANCE WAS THAT YOU WERE ENTITLED TO RELIEF IN THE AMOUNT OF $757.68. THAT CONTRACT PROVISION IS RESTRICTED TO THE CONTRACTING OFFICER'S AUTHORITY TO DETERMINE QUESTIONS OF FACT IN CONNECTION WITH DISPUTES WHICH MAY ARISE UNDER THE CONTRACT. THERE IS NO DISPUTE AS TO THE FACTS IN THIS CASE. WHILE ADMINISTRATIVE RECOMMENDATIONS AND DETERMINATIONS ARE GIVEN DUE CONSIDERATION IN THE SETTLEMENT OF CLAIMS HERE.
B-141239, MAR. 1, 1960
TO PENN CONVOY PETROLEUM PRODUCTS:
REFERENCE IS MADE TO YOUR LETTER DATED FEBRUARY 16, 1960, REQUESTING RECONSIDERATION OF OUR DECISIONS TO YOU DATED DECEMBER 31, 1959, AND FEBRUARY 1, 1960, WHICH SUSTAINED THE DISALLOWANCE OF YOUR CLAIM IN THE AMOUNT OF $830.61 FOR PARTIAL REFUND OF AN AMOUNT PAID BY YOU FOR SURPLUS PROPERTY PURCHASED FROM THE NAVAL SUPPLY CENTER, NORFOLK, VIRGINIA, INCLUDING COST OF TRANSPORTATION, UNDER CONTRACT NO. N189S 46350A (S), DATED JULY 15, 1959.
SINCE YOU REITERATE CONTENTIONS WHICH WERE GIVEN CAREFUL CONSIDERATION IN OUR PRIOR DECISIONS, ANY ADDITIONAL DISCUSSION WITH RESPECT THERETO WOULD SERVE NO USEFUL PURPOSE. WITH RESPECT TO YOUR CONTENTION THAT ARTICLE 15 OF THE CONTRACT PROVIDES THAT THE CONTRACTING OFFICER SHALL MAKE THE DECISION IN MATTERS OF THIS KIND AND THAT HIS DECISION IN THIS INSTANCE WAS THAT YOU WERE ENTITLED TO RELIEF IN THE AMOUNT OF $757.68, THAT CONTRACT PROVISION IS RESTRICTED TO THE CONTRACTING OFFICER'S AUTHORITY TO DETERMINE QUESTIONS OF FACT IN CONNECTION WITH DISPUTES WHICH MAY ARISE UNDER THE CONTRACT. THERE IS NO DISPUTE AS TO THE FACTS IN THIS CASE. UNDER THE APPLICABLE LAW (31 U.S.C. 71), THIS OFFICE HAS BEEN GIVEN THE AUTHORITY TO DETERMINE THE LEGAL VALIDITY OF ANY CLAIM AGAINST THE GOVERNMENT AND, WHILE ADMINISTRATIVE RECOMMENDATIONS AND DETERMINATIONS ARE GIVEN DUE CONSIDERATION IN THE SETTLEMENT OF CLAIMS HERE, SUCH DETERMINATIONS DO NOT BIND THIS OFFICE IN THE ABSENCE OF A STATUTE SO PROVIDING. 13 COMP. GEN. 140; 20 COMP. GEN. 573.
IN VIEW OF THE FOREGOING, AND FOR THE REASONS STATED IN OUR PRIOR DECISIONS IN THIS MATTER, THERE IS NOT LEGAL BASIS FOR ALLOWANCE OF YOUR CLAIM.