WHILE DECISIONS OF THE COMPTROLLER GENERAL ARE ALWAYS SUBJECT TO REVIEW IF THE RECIPIENT BELIEVES THE DECISION IS BASED UPON MATERIAL ERROR IN EITHER FACT OR LAW AND IDENTIFIES THE AREAS OF ERROR ON WHICH SUCH BELIEF IS BASED. IF THE REFERENCE TO "JUDICIAL REVIEW" IN YOUR TELEGRAM IS INTENDED AS A REQUEST THAT THIS OFFICE. IT WILL BE NECESSARY THAT YOU SUBMIT THE ADDITIONAL INFORMATION OUTLINED AB...

SINCE THIS MATTER WAS PENDING BEFORE THE ARMED SERVICES BOARD OF CONTRACT APPEALS (ASBCA) AND NO DECISION HAD BEEN REACHED BY THE BOARD. IT APPEARS TO BE YOUR POSITION THAT THIS CONTRACT WAS IMPROPERLY TERMINATED IN THAT YOU EITHER WERE NOT IN DEFAULT. OR THAT YOUR FAILURE TO PERFORM WAS EXCUSABLE UNDER THE TERMS OF THE CONTRACT. THIS OFFICE IS BOUND TO ACCEPT THE ADMINISTRATIVE DETERMINATION OF P...

IT IS THE OPINION OF THE COMP. THAT THE "CURE" NOTICE WAS NOT REQUIRED BUT ISSUED SOLELY AT THE DISCRETION OF THE CONTRACTING OFFICER SINCE. THE GOVERNMENT WAS ENTITLED TO PERFORMANCE "AS AND WHEN REQUIRED.". WHILE THE NOTICE MAY HAVE WAIVED THE GOVERNMENT'S TERMINATION RIGHTS FOR FAILURES WHICH OCCURED PRIOR TO ITS ISSUANCE. ATLANTIC'S FAILURE TO PERFORM DURING THE 10-DAY CURE PERIOD WAS SUFFICIE...

TO THE SECRETARY OF THE ARMY: ENCLOSED IS A COPY OF OUR DECISION OF TODAY TO ATLANTIC TERMINAL COMPANY DENYING ITS PROTEST AGAINST THE AWARD OF A CONTRACT TO ATLANTIC COAST LINE RAILROAD COMPANY FOR RAILROAD SERVICES AT MILITARY OCEAN TERMINAL. THIS MATTER WAS THE SUBJECT OF REPORTS DATED APRIL 25 AND MAY 17. WE ARE CALLING THIS MATTER TO YOUR SPECIAL ATTENTION BECAUSE OF THE FAILURE OF PROCUREMEN...

TO ATLANTIC TERMINAL COMPANY: REFERENCE IS MADE TO YOUR TELEGRAM OF FEBRUARY 28. YOU CHARGE FAVORITISM ON THE PART OF ARMY OFFICIALS IN AWARDING AND EXTENDING THE PRIOR CONTRACTS WITHOUT SECURING COMPETITION ALTHOUGH YOU HAD PRESENTED EVIDENCE TO SUCH OFFICIALS THAT RESPONSIBLE COMPETITION WAS AVAILABLE FROM YOUR FIRM. YOU ALSO QUESTION THE VALIDITY OF A PROVISION IN PAST CONTRACTS PERMITTING PRIC...

TO ATLANTIC TERMINAL COMPANY: REFERENCE IS MADE TO YOUR LETTER OF APRIL 29. WHICH IS NOW THE SUBJECT OF AN APPEAL PENDING BEFORE THE ARMED SERVICES BOARD OF CONTRACT APPEALS. YOUR LETTER REQUESTS SETTLEMENT BY THIS OFFICE SINCE YOUR FIRM IS UNDER INFLUENCE OF ECONOMIC DURESS. AT YOUR REQUEST THIS DECISION WAS RECONSIDERED. IT WAS AFFIRMED ON JANUARY 16. WHILE DECISIONS OF THIS OFFICE ARE OPEN TO R...

TO ATLANTIC TERMINAL COMPANY: REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 20. CONCERNING YOUR APPEAL WHICH IS NOW PENDING BEFORE THE ARMED SERVICES BOARD OF CONTRACT APPEALS. IS TO ALERT THE COMPTROLLER GENERAL TO REVIEW THE MATTER AT ISSUE IN THE PENDING APPEAL FOR MATERIAL ERROR IN EITHER FACT OR LAW. YOU ALSO SAY THAT YOUR ULTIMATE GOAL IS TO BRING ABOUT A TIMELY AND JUST SETTLEMENT RELATED TO...