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B-180174 1 (1974-07-24)

handle is hein.gao/gaobadccp0001 and id is 1 raw text is: .L i I k , L L I * Y ;;~ :K2)THE CQMPTF-ILL:iR 'CECISiIN * 1 a opF tqc JNITL1C)BTATflS 1' WASHINGTON, LD.C.120540 FILE: B-180174 [ MATTER OF-, Lasho etal Products, Incorporated D1IGEt ET; Request for remission of liquiduted damages assessed by Air Forqe is denied since Air Fbrce's refusal tc recommrnd remission precludots GAO inderI t0 hUP 2P12 from remitt4in July 24, 1974 - A- $1' WUWj e-a .4 %1 VmpQIVS9 ' L JLe asW44Ag'U -f Sall or part of such damages. Lasko Metal Products, Inc rporated (Lsho), r quests that our OffIce remit all or part o iquidated n the amount of $405,$575.55, assessec by the Air Fore against it under contract No. F2600-69-C-3171. By letter dated April 19, 1971, Lasko regeqsted that the Air Force recommend that all or a portion 6-ftheTIuidated damages be remitted., This request was denied in a letter dated Noveber 8, 1972, from the contracting officer. On June 4, 1973, Lasko submitted to the Air Force a request for reconsideration of the November 8 decision, This re- quest was denied by letter dated October 23, 1973, from the contracting officer. By letter dated November 27, 1973, counsel for Lasko reo'aested that our Office review the matter since the position of the contractingr officer, in counsel's view, is arbitrtary, capricious, unreasonable, grossly erroneous, and not supported by substantiel evidence,. The 'Air Force again reviewed the matter in response to our request and again declined to recommend remission. As counsel has recognized, our authority to remit liquidated damages rests solely upon 10 U.S.C. 2312, which provides that upon thc' recaznndation of the head of an agency the Comptroller %eneral may remit all or part, as he considers just and equl sable, 0of any liquidated damages assesse& for delay in performing a contract made by the agency. It in apparent from the statute, and it has consistently been our view, that an agency's favorable recom- mendation for remission is a prerequisite to any action by this Office. -162643, February 1, 1968; B-175180, May 11, 1972. 0 BEST DOCUMENT AVAILABLE - 1 9'a '/37 U L I, th. 0 0

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