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HENRY KLIPPEL: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 4. IN WHICH IT WAS DETERMINED THAT THERE EXISTS NO LEGAL BASIS FOR THE PAYMENT OF ANY CLAIM OF YOUR COMPANY ARISING OUT OF ITS FAILURE TO OBTAIN AN AWARD OF A CONTRACT UNDER INVITATION FOR BIDS NO. 30-601-60-39. IT REMAINS OUR VIEW THAT YOUR COMPANY WAS NOT ENTITLED TO AN AWARD OF A CONTRACT UNDER THE PARTICULAR INVITATION FOR BIDS. IT APPEARS THAT YOU ARE NOT REQUIRED TO OBTAIN THE PERMISSION OF ANY GOVERNMENT OFFICER OR AGENCY TO SETTLE YOUR CLAIM IN A COURT OF COMPETENT JURISDICTION. THE UNITED STATES COURT OF CLAIMS AND THE UNITED STATES DISTRICT COURTS HAVE JURISDICTION TO CONSIDER VARIOUS TYPES OF CLAIMS AGAINST THE UNITED STATES.

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B-143648, OCT. 12, 1960

TO MR. HENRY KLIPPEL:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 4, 1960, REQUESTING RECONSIDERATION OF OUR DECISION TO YOU OF SEPTEMBER 23, 1960, IN WHICH IT WAS DETERMINED THAT THERE EXISTS NO LEGAL BASIS FOR THE PAYMENT OF ANY CLAIM OF YOUR COMPANY ARISING OUT OF ITS FAILURE TO OBTAIN AN AWARD OF A CONTRACT UNDER INVITATION FOR BIDS NO. 30-601-60-39, ISSUED MAY 23, 1960, BY THE BASE PROCUREMENT OFFICE, MITCHEL AIR FORCE BASE, NEW YORK.

UPON RECONSIDERATION OF THE MATTER, IT REMAINS OUR VIEW THAT YOUR COMPANY WAS NOT ENTITLED TO AN AWARD OF A CONTRACT UNDER THE PARTICULAR INVITATION FOR BIDS. IN REGARD TO THE LAST PARAGRAPH OF YOUR LETTER, IT APPEARS THAT YOU ARE NOT REQUIRED TO OBTAIN THE PERMISSION OF ANY GOVERNMENT OFFICER OR AGENCY TO SETTLE YOUR CLAIM IN A COURT OF COMPETENT JURISDICTION. THE UNITED STATES COURT OF CLAIMS AND THE UNITED STATES DISTRICT COURTS HAVE JURISDICTION TO CONSIDER VARIOUS TYPES OF CLAIMS AGAINST THE UNITED STATES, AND IT IS SUGGESTED THAT YOU EXAMINE THE PROVISIONS OF SECTIONS 1346 AND 1491 OF TITLE 28, U.S.C. 1958 EDITION.

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