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B-175485 1 (1973-07-03)

handle is hein.gao/gaobaacwu0001 and id is 1 raw text is: /COMPTROLLER GENERAL OF Trt UNITED STATES . . 4:. ,*,< WASHINGTON. D.C. Ij.n4tg B-175485 July 3, 1973 Davidson, Drantnan and Schwartz The Uestminater Building 110 South Dearborn Street - Suite 1020 Chicago, Illinois 60603 Attention: David Davidson, Esquire BNIL Gentlemen: We refer to your letter dated November 14, 1972 and subsequent correspondence witten on behalf of the O'Briea flachine Company in which you request that the withholding of sums due your client under various contracts be stopped and that your client be paid for ull sums properly invoiced by hin for materials delivered. The follo-ing facto P reported by the Defense Supply Agency, and ulich do not aprear to be in dispute, serve as relevant back- . ground infornation for consideration of thiu case. On October 20, 1967, George C. O'Brien and the O'Brien Gear and !achic& Company were supoendcd from contractin, %with the Department of Defense rcr thre years by the Defense Supply Anency (DSA) upon raccipt of in 'er.ntion that O'Brien Gear and ?Machine Company had furnished the Covaru.i .nt a faloified ;artificate of tasting in the performance of n :covornment contract. Subsequently, a fifteen count indictment wras ree trnd arainst O'Brtcn and O'frien Gear and Ifachine Cornany on Janutry 30, 1969, in tha U. So Diatrict Court for the 'ort'arn Distrc,- of Illinois, Eastern Division. To protect the interest of the Government, fundo due O'flrien Gear and ,!achine Company were i,$.thhold by DSA anA theflilitarv Departmonto. On Januar} .19, 1972, thelRenegotiation Board entered an order do- torInIr.e that 0'Erien Gear and i!achiue Company realized e:cessive pro- fits in the anount of $250,000.00 for it& fiscal yeat ending September 30,. 1.067. Pursuant r:o Section 109 of the Renesotiation Act of 1951, an amended, 50 U.S.C. App, 1218, O'Brien Gear and ichino Company tiled a potition in the Court of Claims seeking a radaternination of the P.enego- tiction Board's Order (Ut, Cls. f'o. 105-72). On October 27, 1972, inacausch as O'Drien Gear rnd achirne Cor'psny bad not pooted A bond to attCy o-:acution of the Donrd'n order, jttdrienant vaon entcrnd in tha Cn~c.vrr:t'a a t-ihe n.t r.onnttof %157,4Z2.55 (# o'$250,0%1*5.0O lossaan C:: cr.. of $,fI 567Is). in satfaction of ths jut.lrennt that thc Vthoeld!ng in qu ltion wns offectad. I ,.' -,,:* o -,., . -.. .....

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