B-196947, FEB 28, 1980
Highlights
DIGEST: REQUEST FOR REMISSION OF LIQUIDATED DAMAGES ASSESSED BY GOVERNMENT PRINTING OFFICE IS DENIED SINCE AGENCY'S REFUSAL TO RECOMMEND REMISSION PRECLUDES GAO UNDER 41 U.S.C. 256(A) FROM REMITTING ALL OR ANY PART OF SUCH DAMAGES. AS WE HAVE CONSISTENTLY HELD. A FAVORABLE RECOMMENDATION BY THE AGENCY HEAD IS A PREREQUISITE TO ANY REMISSION ACTION BY THIS OFFICE.
B-196947, FEB 28, 1980
DIGEST: REQUEST FOR REMISSION OF LIQUIDATED DAMAGES ASSESSED BY GOVERNMENT PRINTING OFFICE IS DENIED SINCE AGENCY'S REFUSAL TO RECOMMEND REMISSION PRECLUDES GAO UNDER 41 U.S.C. 256(A) FROM REMITTING ALL OR ANY PART OF SUCH DAMAGES.
HENRY B. KATZ ASSOCIATES:
HENRY B. KATZ ASSOCIATES REQUESTS RELIEF FROM AN ASSESSMENT OF LIQUIDATED DAMAGES OF $20,000 ASSESSED BY THE GOVERNMENT PRINTING OFFICE UNDER PURCHASE ORDER NO. 071739. IN A REPORT DATED JANUARY 16, 1980, THE PUBLIC PRINTER HAS RECOMMENDED AGAINST REMISSION OF THESE LIQUIDATED DAMAGES.
THE AUTHORITY OF OUR OFFICE TO REMIT LIQUIDATED DAMAGES RESTS SOLELY UPON 41 U.S.C. 256(A) (1976), WHICH PROVIDES THAT UPON THE RECOMMENDATION OF THE HEAD OF THE CONTRACTING AGENCY, THE COMPTROLLER GENERAL MAY REMIT ALL OR PART, AS HE CONSIDERS JUST AND EQUITABLE, OF ANY LIQUIDATED DAMAGES FOR DELAY IN PERFORMING A CONTRACT MADE BY THE AGENCY. AS THE STATUTE MAKES APPARENT, AND AS WE HAVE CONSISTENTLY HELD, A FAVORABLE RECOMMENDATION BY THE AGENCY HEAD IS A PREREQUISITE TO ANY REMISSION ACTION BY THIS OFFICE. SEE B-182706, JUNE 23, 1975; B-180566, AUGUST 19, 1974.
ACCORDINGLY, WE MUST DECLINE TO GRANT THE RELIEF REQUESTED.