B-147489, DEC. 13, 1961
Highlights
TO WESTERN NON-FERROUS METALS CORPORATION: WE HAVE YOUR LETTER OF OCTOBER 16. YOU CONTEND THAT IN ADDITION TO THE MATERIAL INSPECTED AS PART OF THE ITEM YOU WERE AWARDED. YOU WERE SHIPPED SOME 28 TONS OF INFERIOR SCRAP WHICH WERE REPRESENTED TO YOU AS NOT INCLUDED IN THE ITEM. WE HAVE BEEN ADVISED BY THE CONTRACTING AGENCY THAT YOU WERE SHIPPED AND CHARGED FOR ONLY MATERIAL REPRESENTED TO HAVE BEEN INCLUDED IN THE ITEM AT THE TIME OF YOUR INSPECTION. THE REASONS FOR OUR CONCLUSION ARE SET FORTH IN THE ENCLOSED COPY OF OUR LETTER OF TODAY TO THE SECRETARY OF THE NAVY. THERE IS NO BASIS UPON WHICH OUR OFFICE MAY CONSIDER THE MATTER FURTHER UNTIL THE PRESCRIBED ADMINISTRATIVE REMEDY HAS BEEN EXHAUSTED.
B-147489, DEC. 13, 1961
TO WESTERN NON-FERROUS METALS CORPORATION:
WE HAVE YOUR LETTER OF OCTOBER 16, 1961, REQUESTING RECONSIDERATION OF OUR SETTLEMENT CERTIFICATE OF SEPTEMBER 28, 1961, DENYING YOUR CLAIM FOR $2,606.17 REPRESENTING A REFUND ALLEGEDLY DUE UNDER CONTRACT NO. N63118S 52920 AWARDED BY THE NAVAL SUPPLY DEPOT, CLEAR FIELD, UTAH.
YOU CONTEND THAT IN ADDITION TO THE MATERIAL INSPECTED AS PART OF THE ITEM YOU WERE AWARDED, YOU WERE SHIPPED SOME 28 TONS OF INFERIOR SCRAP WHICH WERE REPRESENTED TO YOU AS NOT INCLUDED IN THE ITEM. ON THE OTHER HAND, WE HAVE BEEN ADVISED BY THE CONTRACTING AGENCY THAT YOU WERE SHIPPED AND CHARGED FOR ONLY MATERIAL REPRESENTED TO HAVE BEEN INCLUDED IN THE ITEM AT THE TIME OF YOUR INSPECTION. IN OUR JUDGMENT, THE MATTER CONSTITUTES A DISPUTE OF FACT UNDER THE CONTRACT FOR DISPOSITION IN ACCORDANCE WITH CLAUSE NO. 15 OF THE GENERAL SALES TERMS AND CONDITIONS. THE REASONS FOR OUR CONCLUSION ARE SET FORTH IN THE ENCLOSED COPY OF OUR LETTER OF TODAY TO THE SECRETARY OF THE NAVY. ACCORDINGLY, THERE IS NO BASIS UPON WHICH OUR OFFICE MAY CONSIDER THE MATTER FURTHER UNTIL THE PRESCRIBED ADMINISTRATIVE REMEDY HAS BEEN EXHAUSTED.