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B-188087 1 (1977-01-21)

handle is hein.gao/gaobadeix0001 and id is 1 raw text is: 





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                 O . Proo. 2I


                                        WA  INaToN          .c.  ROg4g



           FILE:     p.188087                 DAfR:      Saly   a., 1977

           MATTER O     :   Balboa asre.inse Cy any


           DIGEST.


                Requthet for reission of liqu idi~ted damages*
  - assessed by Departeent of AgricuLture in deniled
                since agency s decision not to recommmnd re-
                mussion precludes GAO ander 10 U.S.C. 5 2312
                from remitting A 1 or part of wch damges.


                :y letter dated Dramber 20. 19763 counsel for Balboa Insurace
            Comany (Balboa) requested relief m  da as nessnt of liquidated
            daages In the ,ount of 410,379, by the United States Department of
            Agriculture, Soil Conservation Service, under contract No. AG 40 SCS-
            O0211...

                 e hav. beea advised that te Deparcment of Agriculture has de-
            !'itded not to recommend remission of .liquidated damages unde: the
            subject'contract. UALr 10 U. sit. 6 2312 (1970) our Office isauthorized
            to remit liquidsiddamuus  in v  &tae r in part i on dhe recoiendation
            of the head of the contracting gency. Xn>regard to the :,nstint request
            for relief, it has. coaistently Dbemo positi6n thatbh  eied
            statute clearly contemplates tbt a favorable recomendation bythe head
            of the agency concerned'.ie a prerequisite to any remission action by
            or  )ffice. .See 016n.Plumbing & sating Coapany, B-185557, August 11,
            1976, 76-2 CPD 154; Lasko Metal Products, Incorporated, B-180174,
            July 24, 1974, 74-2 CPD 54.

                Consequently, we are unable to jrant Balboa remission of all or
            any part of the liquidated dasams ssessed.





                                            of the United States


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