B-125275, NOV. 3, 1955
Highlights
G. BLANCHARD COMPANY: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 4. APPEARS THAT YOU HAVE REDUCED YOUR CLAIM TO $56.40. AS WAS POINTED OUT IN THE DECISION OF SEPTEMBER 29. THE ONLY DUTY REQUIRED OF THE GOVERNMENT UNDER THE CONTRACT WAS TO LOAD THE MATERIAL ON YOUR TRUCK AT THE SALE SITE. THE GOVERNMENT WAS UNDER NO OBLIGATION TO SELECT A CARRIER FOR THE GOODS YOU PURCHASED. WHILE YOU CONTEND THAT THE SHIPMENT SHOULD HAVE BEEN SENT AS SCRAP. YOU WERE PROPERLY INFORMED BY THE BEKINS VAN AND STORAGE COMPANY IN ITS LETTER OF NOVEMBER 15. EVEN CONCEDING THAT BEKINS VAN AND STORAGE COMPANY WAS NOT A COMMON CARRIER FOR MOVING FREIGHT BY TRUCK. THE PROPERTY COULD HAVE BEEN SHIPPED BY A CONNECTING CARRIER AND THE ONLY REASON THAT IT WAS NOT SO SHIPPED WAS THAT YOU FAILED TO FURNISH THE PROPER CERTIFICATE.
B-125275, NOV. 3, 1955
TO A. G. BLANCHARD COMPANY:
REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 4, 1955, REQUESTING RECONSIDERATION OF OUR DECISION DATED SEPTEMBER 29, 1955, TO YOU, WHICH SUSTAINED THE SETTLEMENT OF JULY 26, 1955, DISALLOWING YOUR CLAIM FOR $81.33, REPRESENTING YOUR TOTAL BID DEPOSIT UNDER INVITATION NO. B-42 55, COVERING THE SALE OF SURPLUS PROPERTY BY THE DEPARTMENT OF THE NAVY. APPEARS THAT YOU HAVE REDUCED YOUR CLAIM TO $56.40, THE CONTRACT PRICE OF ITEM 4, THE ONLY ITEM ACCEPTED BY THE GOVERNMENT UNDER CONTRACT NO. N244S- 46915, DATED AUGUST 13, 1954.
YOU CONTEND THAT THE GOVERNMENT DID NOT FOLLOW YOUR INSTRUCTIONS TO CONSIGN THE MATERIAL TO A COMMON CARRIER FOR SHIPMENT TO YOU AS ONE LOT OF SCRAP. AS WAS POINTED OUT IN THE DECISION OF SEPTEMBER 29, 1955, THE NAVAL SUPPLY DEPOT SELECTED THREE LOCAL CARRIERS AT RANDOM AND NOTIFIED YOU TO SELECT ONE OF YOUR CHOICE. THIS YOU DID NOT DO. AFTER SALE OF THE PROPERTY, THE ONLY DUTY REQUIRED OF THE GOVERNMENT UNDER THE CONTRACT WAS TO LOAD THE MATERIAL ON YOUR TRUCK AT THE SALE SITE. THE GOVERNMENT WAS UNDER NO OBLIGATION TO SELECT A CARRIER FOR THE GOODS YOU PURCHASED.
WHILE YOU CONTEND THAT THE SHIPMENT SHOULD HAVE BEEN SENT AS SCRAP, WITHOUT CRATING, YOU WERE PROPERLY INFORMED BY THE BEKINS VAN AND STORAGE COMPANY IN ITS LETTER OF NOVEMBER 15, 1954, THAT MOTOR FREIGHT COMPANIES WOULD NOT ACCEPT THE USABLE MACHINERY HERE INVOLVED UNLESS ACCOMPANIED BY A DOCUMENT FROM YOU AS CONSIGNEE THAT THE ENTIRE SHIPMENT WOULD BE MELTED UPON RECEIPT AT DESTINATION. AT NO TIME DID YOU FURNISH A CERTIFICATE THAT YOU INTENDED TO MELT THE MACHINERY AND THEREFORE SHIPMENT COULD NOT BE ACCOMPLISHED AS YOU HAD DIRECTED. EVEN CONCEDING THAT BEKINS VAN AND STORAGE COMPANY WAS NOT A COMMON CARRIER FOR MOVING FREIGHT BY TRUCK, AS YOU ALLEGE, THE PROPERTY COULD HAVE BEEN SHIPPED BY A CONNECTING CARRIER AND THE ONLY REASON THAT IT WAS NOT SO SHIPPED WAS THAT YOU FAILED TO FURNISH THE PROPER CERTIFICATE.