B-128229, OCT. 30, 1956

B-128229, OCT. 30, 1956

TO THE WILLIAMS AND MCKEITHAN LUMBER COMPANY OF VIRGINIA, INC.:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 26, 1956, REQUESTING FURTHER CONSIDERATION OF OUR DECISION DATED JULY 5, 1956, WHICH SUSTAINED THE DISALLOWANCE OF YOUR CLAIM IN THE AMOUNT OF $387.88 ALLEGED TO BE DUE FOR THE OVERSHIPMENT OF 4,286 BOARD FEET OF YELLOW PINE TO THE OTIS AIR FORCE BASE, MASSACHUSETTS, UNDER CONTRACT NO. DA 09-026-ENG-47196, DATED JUNE 15, 1955.

THE VARIOUS CONTENTIONS URGED BY YOU IN THE SUBJECT MATTER RECEIVED CAREFUL CONSIDERATION AND, FOR THE REASONS SET FORTH IN THE DECISION OF JULY 5, 1956, IT WAS HELD THAT UNDER THE EXPRESS TERMS OF THE CONTRACT THE PORTION OF THE SHIPMENT WHICH WAS IN EXCESS OF THE CONTRACT QUANTITY WAS AT YOUR EXCLUSIVE RISK AND RESPONSIBILITY, IN THE ABSENCE OF PRIOR PERMISSION FROM THE CONTRACTING OFFICER. YOUR ATTENTION IS AGAIN INVITED TO THE PROVISIONS OF THE CONTRACT QUOTED IN THAT DECISION, PARTICULARLY ARTICLE 6 (C) IN WHICH THERE WERE SET OUT THE REASONS AS TO WHY CLAIMS FOR EXCESS SHIPMENTS COULD NOT BE ALLOWED EXCEPT UNDER CIRCUMSTANCES NOT HERE INVOLVED.

YOUR LETTER OF SEPTEMBER 26, 1956, MERELY RESTATES THE CONTENTIONS HERETOFORE EXPRESSED IN CORRESPONDENCE TO OUR OFFICE AND TO THE ADMINISTRATIVE OFFICERS CONCERNED WITH THE MATTER. IT CONTAINS NO INFORMATION OR DATA IN ADDITION TO THAT PREVIOUSLY FURNISHED AND CONSIDERED, AND A REEXAMINATION OF THE RECORD BEFORE OUR OFFICE DISCLOSES NOTHING WHICH WOULD REQUIRE OR JUSTIFY A CONCLUSION DIFFERENT FROM THAT PREVIOUSLY REACHED IN THIS MATTER.