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B-191646 1 (1978-07-07)

handle is hein.gao/gaobadgfa0001 and id is 1 raw text is: THE CC3MPTFCLL.EPI GENEFIAt ECIPt1\ . r)P T I*fFT JIUITC Ed rATEI W AsH I NC3TOC3N DC !7 04 13 FILE. B-191646 DATE: July 7, 1978 M4ATTER OF Turner-Pilkinton Construction Co., Jnc. DIGEST: Request for remission of liquidated damages ass-ssed by Air Force is dcnied since Air Force refusal ho recoimend remission precludes GAO under 10 U.S.C. S 2312 from remitting all or parL of auch iamages. Turner-Pilkinton Construction Co,, Inc., has requested that our Office remit $2,560 of the $4,)CO in liquidated damages assessed by the Air Force under contract No. P41687-77-90096, awardel by Bergstrom Air Porce Base, Texas. The liquidated damages assessment Was in'posed by the hir Force on Turner-Pilkinton for its failure to meet the dclivery schecdle. Turner-Pilkinton requesCi that the assessment be reduced by cur Office because it alleged that its performance under the contract was delayed a total of 32 days due to rain and because therj was no provision in the contract for delays due to inclement weathr.r. In its report of June 8, 1970, the Ail Force recom- mended denial of Turner-Pilkinton's request For partial remission of liquidated dr.nages, because Turner- Pilkinton was performing at the jobsite only 16 days during the 45-day period spoifierl in the contract. In adcition, the Air Force ststee that the performance period called for in the contrart included 15 days for deJays anticipated due to inclinrent weather and that sone of the delays claimed by Turner-Pilkirton were for periods of rain after the cnmpletion date called for in the contract. The authority of this Office to remit Itguidated damages rests solely upon 10 U.S.C. S 2312 (1976), which Irovicles that upon the recommendation of the head of an aqency, the Comptroller General may remit all or part, as he considers just and tcuitable, of any liqlidcted damages assesse' for delay in perform- Ing a contract made by the agency. As is apparent 1V.

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