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B-183880 1 (1975-07-30)

handle is hein.gao/gaobadckt0001 and id is 1 raw text is: DECISION FILE: B-183880 coTHE COMPTROLLER GENERAL OF THE UNITED STArES SWASHINGTON. D.C. 20548 C T :uITl 3 1 DATE: July 30, 1975 MATTER OF: Propserv Incorporated DIGEST: Request for remission of liquidated damages assessed by Navy is denied since Navy's refusal to recommend revision precludes GAO under 10 U.S.C. 2312 from remitting all or part of such damages. By letter dated May 2, 1975, Propserv Incorporated requested relief from an assessment of liquidated damages, in the amount of $83,253.00, by the Navy under contract No. N62467-75-C-0209. By report dated July 1, 1975, the Navy recommended against remission of the liquidated damages assessed under the subject con- tract. Under 10 U.S.C. 2312 our Office is authorized to remit liquidatcd damagcs in whole or in part upon the recomuendation of the head of the contracting agency. In regard to the instant request for relief, it has consistently been our position that the cited statute .clearly contemplates that a favorable recommendation by the head of the agency concerned is a prerequisite to any remis- sion action by our Office. See Lasko Metal Products, Incorporated, B-180174, July 24, 1974; B-175180, May 11, 1972. Consequently, or any part of the we are unable to grant Propserv remission of all liquidated damages assessed. Deputy Comptroller General of the United States - 1 -

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