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B-196947 1 (1980-02-28)

handle is hein.gao/gaobadiao0001 and id is 1 raw text is: TECOMiPTROLLER CSENERAL ~O I FTHELUNITED STATES WASHINGTON, D, C. 20548 FILE: B-196947 DATE: February 28, 1980 MATTER OF: Henry B. Katz Associates ( DL-CE7 DIGEST: Recuest for remission of licuidated damages assessed by Government Print- ing Office is denied since agency's refusal to recommend remission pre- cludes GAO under 41 U.S.C. 256(a) from remitting all or any part of such damaaes. Henry B. Katz AssociatestSequest relief from an assessment of liQuidated damaaes7of $20,000 as- sessed by the Government Printing Mfice under Pur-AG690( chase Order No. UrliJa. In a report dated January 16, 1980, the Public Printer has recommended against re- mission of these liquidated damaqes. The authority of our Office to remit liquidated damages rests solely upon 41 U.S.C. 256(a) (1976), which provides that upon the recommendation of the head of the contracting agency, the Comptroller General may remit all or part, as he considers just and equitable, of any liquidated damages for delay in performing a contract made by the agency. As the statute makes apparent, and as we have consis- tently held, a favorable recommendation by the agency head is a prerequisite to any remission ac- tion by this Office. See B-182706, June 23, 1975; B-180566, August 19, 1974. Accordingly, we must decline to grant the relief reouested. For The Comptroller General of the United States

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