B-152733, DEC. 16, 1963
Highlights
INC.: WE HAVE RECEIVED YOUR LETTER DATED DECEMBER 2. REDUCING THE AMOUNT OF A CLAIM FOR DAMAGES ALLEGED TO HAVE BEEN CAUSED BY GOVERNMENT EMPLOYEES TO YOUR TRAILERS. YOU HAVE REDUCED YOUR CLAIM TO $2. WE REGRET TO INFORM YOU THAT WE STILL CANNOT TAKE ACTION UPON YOUR CLAIM BECAUSE THE AUTHORITY CONFERRED BY 28 U.S.C. 2672 IS EXCLUSIVELY REPOSED IN THE HEAD OF EACH FEDERAL AGENCY WITH RESPECT TO CLAIMS GENERATED BY THE OPERATIONS OF THAT AGENCY. YOU STILL HAVE THE RIGHT.
B-152733, DEC. 16, 1963
TO THE KENDALL TRUCKING COMPANY, INC.:
WE HAVE RECEIVED YOUR LETTER DATED DECEMBER 2, 1963, REDUCING THE AMOUNT OF A CLAIM FOR DAMAGES ALLEGED TO HAVE BEEN CAUSED BY GOVERNMENT EMPLOYEES TO YOUR TRAILERS. YOU HAVE REDUCED YOUR CLAIM TO $2,495 IN ORDER TO COME WITHIN THE SETTLEMENT AUTHORITY OF AGENCY HEADS UNDER THE FEDERAL TORT CLAIMS ACT (ANY AMOUNT NOT TO EXCEED $2,500).
WE REGRET TO INFORM YOU THAT WE STILL CANNOT TAKE ACTION UPON YOUR CLAIM BECAUSE THE AUTHORITY CONFERRED BY 28 U.S.C. 2672 IS EXCLUSIVELY REPOSED IN THE HEAD OF EACH FEDERAL AGENCY WITH RESPECT TO CLAIMS GENERATED BY THE OPERATIONS OF THAT AGENCY. THE GENERAL ACCOUNTING OFFICE HAS NO JURISDICTION OVER TORT CLAIMS ARISING IN ANY FEDERAL AGENCY OTHER THAN THE GENERAL ACCOUNTING OFFICE. B-147909 DATED JANUARY 22, 1962. SINCE YOUR CLAIM AROSE OUT OF A CONTRACT OF THE GOVERNMENT PRINTING OFFICE, ONLY THE PUBLIC PRINTER HAS AUTHORITY TO SETTLE IT UNDER 28 U.S.C. 2672. YOU STILL HAVE THE RIGHT, AS OUTLINED IN OUR LETTER OF NOVEMBER 21, 1963, TO SUE IN A UNITED STATES DISTRICT COURT UNDER THE FEDERAL TORT CLAIMS ACT, 28 U.S.C. 2671-2680. WE REAFFIRM THE OPINION EXPRESSED TO YOU IN THE AFOREMENTIONED LETTER THAT THIS REMAINS YOUR ONLY REMEDY.