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B-187910 1 (1977-03-23)

handle is hein.gao/gaobadeln0001 and id is 1 raw text is: 






               o         THE COMPTAOLLUR ggr        %L
FDCIUICN                     TH..  UN.YO a  1 u
                         WASMINGTON. D.C. A         .8



FILE;  3-187910               DATE:  Mrch 23, 19n

MATTER   OF:  Chameleon En   iering Corporation


DIGEST:


     Request for remission of liquidated damages
     by Army is denied since Army's decision not
     to recommend remissiLn precludes GAO under
     10 U.S.C. 3 2312 from remitting all or part
     of such damages.


     Chameleon Engineering G£rporation (Chameleon) has
requested relief from an asusessment of $9,000 in liqui-
dated damages by the Coips of Engineers, Department of
the Army (Army) under contract No. DACA05-75-C-0096.

     We have been advised that the Army has decided not
to recommend remission of liquidated damages under the
subject contract.  Under 10 U.S.I. 8 9312 our Office is
authorized to remit liquidated damages in whole or in
part upon the recommendation of the head of the contrac-
ting agency,  In regard to the relief requested, the
cited statute clearly contemplates that a favorablb
recommendation by the head of the agency concernea is
a prerequisite to any r::umisaion action by our Office.
Olson Plumbing & Heating Company, B-185557, August 11,
1976, 76-2 CPD 154.

     Consequently, we are unable to grant Chameleon
remission of all or any part of the liquidated damages
assessed.




                           f Coh e ral
                           of  the United State.





                           -1 -

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