B-145400, SEP. 11, 1961

B-145400, SEP. 11, 1961

TO THE MILL AND MINE SUPPLY COMPANY, INC.:

REFERENCE IS MADE TO YOUR LETTER OF JULY 31, 1961, RELATIVE TO YOUR CLAIM IN THE AMOUNT OF $916.52 REPRESENTING THE AMOUNT EXPENDED BY YOU IN REPLACING A DAMAGED SCALE ON A ROTARY TABLE FURNISHED TO REDSTONE ARSENAL UNDER CONTRACT NO. DA-01-009-ORD-727 DATED FEBRUARY 20, 1959. YOU REQUEST RECONSIDERATION OF THE MATTER AND INQUIRE WHAT TYPE OF PROOF WOULD BE ACCEPTED AS TO THE CAUSE OF THE DAMAGE.

UNDER DATE OF OCTOBER 4, 1960, THE DEPARTMENT OF THE ARMY TRANSMITTED THE CLAIM TO THIS OFFICE FOR DIRECT SETTLEMENT, WITH AN ADVERSE RECOMMENDATION. THE FILE WAS RETURNED TO THE DEPARTMENT WITH THE SUGGESTION THAT THE QUESTION OF FACT INVOLVED BE DETERMINED UNDER THE DISPUTES CLAUSE OF THE CONTRACT. HOWEVER, AT YOUR REQUEST THE MATTER WAS RETURNED TO THIS OFFICE FOR RECONSIDERATION. BY GENERAL ACCOUNTING OFFICE SETTLEMENT DATED FEBRUARY 21, 1961, THE CLAIM WAS DISALLOWED FOR THE REASONS SET OUT THEREIN. THE SETTLEMENT WAS SUSTAINED BY OUR DECISION OF MAY 11, 1961, AND THE ACTION TAKEN WAS AFFIRMED BY DECISIONS DATED JUNE 8, JUNE 29 AND JULY 24, 1961.

MANY OF THE PERTINENT FACTS ARE SET OUT IN THE REFERRED-TO DECISIONS AND NEED NOT BE REPEATED HERE. IT IS NOT PRIMARILY THE FUNCTION OF OUR OFFICE TO RESOLVE DISPUTED QUESTIONS OF FACT. UPON DISPUTED QUESTIONS OF FACT BETWEEN ADMINISTRATIVE OFFICERS AND A CLAIMANT OR OTHER PERSONS DEALING WITH THE GOVERNMENT, THE LONG-ESTABLISHED RULE OF THE ACCOUNTING OFFICERS IS TO ACCEPT THE STATEMENTS OF FACT FURNISHED BY THE ADMINISTRATIVE OFFICERS, IN THE ABSENCE OF EVIDENCE SUFFICIENT TO OVERCOME THE PRESUMPTION OF THE CORRECTNESS THEREOF. 16 COMP. GEN. 325; ID. 410.

IN THE INSTANT MATTER, IT IS ADMINISTRATIVELY REPORTED THAT THE SCALE WAS DAMAGED AT AN UNDETERMINED TIME AND IN AN UNDETERMINED MANNER PRIOR TO ITS INSTALLATION AT REDSTONE ARSENAL. IT IS STATED THAT THE TABLE WAS NOT INSPECTED BY THE GOVERNMENT PRIOR TO UNLOADING FROM THE RAILROAD CAR, WHICH OCCURRED ON OR ABOUT JULY 1, 1959. THE DAMAGE TO THE SCALE WAS NOTICED ON OR ABOUT JULY 8, 1959, WHILE THE TABLE WAS BEING INSTALLED. IS REPORTED THAT THE TABLE WAS STILL CRATED AT THE TIME OF UNLOADING AND THAT NOTHING UNUSUAL OCCURRED AT THAT TIME; ALSO, THAT EXTREME CARE ORDINARILY IS EXERCISED BY POST ENGINEER PERSONNEL ENGAGED IN UNLOADING AND MOVING OPERATIONS.

IT IS REPORTED THAT THE SCALE WAS REPLACED AT THE SUGGESTION OF MR. MEYERS OF THE MORTON COMPANY, YOUR SUPPLIER, AND THAT PERSONNEL OF THE ARMY BALLISTIC MISSILE AGENCY FABRICATION LABORATORY WERE OF THE OPINION THAT THE DAMAGED SCALE COULD HAVE BEEN REPAIRED AT SMALL COST.

IT LONG HAS BEEN THE ESTABLISHED RULE OF OUR OFFICE AND THE COURTS THAT THOSE ASSERTING CLAIMS AGAINST THE UNITED STATES HAVE THE BURDEN OF ESTABLISHING THEIR VALIDITY AND THE ACCOUNTING OFFICERS ARE NOT REQUIRED OR AUTHORIZED TO CERTIFY FOR PAYMENT CLAIMS NOT SO ESTABLISHED. LONGWILL V. UNITED STATES, 17 CT.CL. 288, 291; CHARLES V. UNITED STATES, 19 CT.CL. 316, 319; 18 COMP. GEN. 199; 26 ID. 776, 781. IN CASES INVOLVING DISPUTES OF FACT RAISING A QUESTION AS TO THE PROPRIETY OR THE VALIDITY OF A CLAIM IT IS "THE UNDOUBTED RIGHT AND DUTY" OF THE ACCOUNTING OFFICERS OF THE GOVERNMENT TO REJECT A CLAIM IN WHOLE OR IN PART "AS THEIR JUDGMENT DICTATES" (LONGWILL V. UNITED STATES, SUPRA), LEAVING THE CLAIMANTS TO PROSECUTE THEIR CLAIMS IN COURTS OF LAW. IN THE INSTANT MATTER, THERE HAS NOT BEEN SATISFACTORILY ESTABLISHED EITHER THE TIME, THE CAUSE, OR THE PROPER AMOUNT OF THE DAMAGE TO THE SCALE.

FOR THE REASONS SET FORTH HEREIN AND IN OUR SEVERAL OTHER DECISIONS TO YOU, THERE IS NO VALID BASIS FOR ALLOWANCE BY OUR OFFICE OF ANY PORTION OF YOUR CLAIM.