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B-152640, JUN. 2, 1964

B-152640 Jun 02, 1964
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MANUFACTURING SALES: REFERENCE IS MADE TO YOUR LETTER OF APRIL 3. YOU WERE REQUIRED TO SEND SHIPPING NOTICES INCLUDING MASTER'S NOTICE OF THE EXPECTED TIME OF ARRIVAL OF THE SHIPMENT AT THE PORT OF INCHON. AN EXAMINATION OF THE OCEAN BILLS OF LADING COVERING THE SHIPMENTS OF THIS WIRE DISCLOSES THAT THE SHIPMENTS WERE CONSIGNED NOT TO THE CONSIGNEE AS DESIGNATED IN THE CONTRACT . YOUR CLAIM WAS DISALLOWED BECAUSE IT WAS ADMINISTRATIVELY REPORTED THAT YOU DID NOT FULFILL YOUR CONTRACTUAL OBLIGATION WHEN YOU FAILED TO SUBMIT TO THE DESIGNATED CONSIGNEE. THE PORT TRANSPORTATION OFFICER WAS NOT AT THE DOCK WHEN THE SHIPMENTS ARRIVED. WHO WERE ACTING AS YOUR AGENT. YOU STATE THAT YOU HAVE JUST RETURNED FROM JAPAN AND THAT DURING YOUR STAY IN THAT COUNTRY YOU CHECKED INTO THE SENDING OF DELIVERY NOTICES INCLUDING MASTER'S NOTICE OF EXPECTED TIME OF ARRIVAL AND THAT YOU DISCOVERED THAT THE STEAMSHIP COMPANY DID SEND A NOTICE TO THE PORT TRANSPORTATION OFFICER AT THE PORT OF JINSEN "OR OTHERWISE THEY WOULD NOT HAVE BEEN ABLE TO UNLOAD THE CARGO.'.

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B-152640, JUN. 2, 1964

TO H.F.S. MANUFACTURING SALES:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 3, 1964, REQUESTING RECONSIDERATION OF OUR DECISION OF DECEMBER 11, 1963, B-152640, WHICH AFFIRMED THE DISALLOWANCE BY OUR CLAIMS DIVISION OF YOUR CLAIM FOR $2,718.92 REPRESENTING REIMBURSEMENT FOR STORAGE AND HANDLING CHARGES INCURRED AT INCHON, KOREA, FOR THE STORING AND HANDLING OF 5,000COILS OF STEEL WIRE PURCHASED BY THE GOVERNMENT FROM YOUR FIRM UNDER CONTRACT NO. DA-11-184-ENG-17894.

UNDER THE TERMS OF PARAGRAPH 15 OF THE SPECIAL TERMS AND CONDITIONS OF THIS CONTRACT, YOU WERE REQUIRED TO SEND SHIPPING NOTICES INCLUDING MASTER'S NOTICE OF THE EXPECTED TIME OF ARRIVAL OF THE SHIPMENT AT THE PORT OF INCHON, KOREA, TO THE CONSIGNEE NAMED IN THE AWARD PORTION OF THE CONTRACT. FURTHER THIS PROVISION REQUIRED THE MASTER'S NOTICE TO BE GIVEN VIA RADIO OR CABLE AT LEAST 72 HOURS IN ADVANCE OF THE EXPECTED TIME OF THE ARRIVAL OF THE VESSEL AT THE PORT OF INCHON, KOREA. ALSO, AN EXAMINATION OF THE OCEAN BILLS OF LADING COVERING THE SHIPMENTS OF THIS WIRE DISCLOSES THAT THE SHIPMENTS WERE CONSIGNED NOT TO THE CONSIGNEE AS DESIGNATED IN THE CONTRACT ,PORT TRANSPORTATION OFFICER, DOCK, PORT OF JINSEN (INCHON) KOREA, FOR REQN BOUT KBD 450" BUT"TO ORDER OF U.S. ARMY CORPS OF ENGINEERS, PORT OF JINSEN (INCHON) KOREA" WITH ARRIVAL NOTICE TO BE SENT TO YOUR FIRM.

YOUR CLAIM WAS DISALLOWED BECAUSE IT WAS ADMINISTRATIVELY REPORTED THAT YOU DID NOT FULFILL YOUR CONTRACTUAL OBLIGATION WHEN YOU FAILED TO SUBMIT TO THE DESIGNATED CONSIGNEE, PORT TRANSPORTATION OFFICER, PORT OF JINSEN (INCHON), KOREA, THE MASTER'S NOTICE OF EXPECTED TIME OF ARRIVAL OF VESSEL AND OTHER SHIPPING NOTICES AS REQUIRED BY PARAGRAPH 15 OF THE SPECIAL TERMS AND CONDITIONS OF THE CONTRACT. BECAUSE OF YOUR FAILURE TO SUBMIT THE REQUIRED MASTER'S NOTICE, THE PORT TRANSPORTATION OFFICER WAS NOT AT THE DOCK WHEN THE SHIPMENTS ARRIVED. THE RECORD INDICATES THAT ALTHOUGH THE BILLS OF LADING STATE THE CONSIGNEE AS THE "U.S. ARMY CORPS OF ENGINEERS, PORT OF JINSEN (INCHON) KOREA" IN LIEU OF THE PROPER CONSIGNEE DESIGNATED BY THE CONTRACT, NAMELY, THE PORT TRANSPORTATION OFFICER, INCHON, KOREA, REPRESENTATIVES OF THE STEAMSHIP LINES, WHO WERE ACTING AS YOUR AGENT, DID NOT ATTEMPT TO LOCATE A REPRESENTATIVE OF THE CORPS OF ENGINEERS UPON ARRIVAL AT INCHON BUT INSTEAD HAD THE STEEL WIRE HAULED DIRECTLY TO A BONDED WAREHOUSE.

YOU STATE THAT YOU HAVE JUST RETURNED FROM JAPAN AND THAT DURING YOUR STAY IN THAT COUNTRY YOU CHECKED INTO THE SENDING OF DELIVERY NOTICES INCLUDING MASTER'S NOTICE OF EXPECTED TIME OF ARRIVAL AND THAT YOU DISCOVERED THAT THE STEAMSHIP COMPANY DID SEND A NOTICE TO THE PORT TRANSPORTATION OFFICER AT THE PORT OF JINSEN "OR OTHERWISE THEY WOULD NOT HAVE BEEN ABLE TO UNLOAD THE CARGO.' IT IS ALSO STATED THAT IT IS EVIDENT THAT YOUR FIRM HAS SUBMITTED SUFFICIENT EVIDENCE OF DELIVERY EVEN WITHOUT A MASTER'S NOTICE BECAUSE A DISBURSING AGENT OF THE UNITED STATES ARMY PAID YOUR FIRM FOR THE WIRE INVOLVED IN THIS SHIPMENT. YOU REFER TO THE CONTRACT PROVISION APPEARING ON PAGE 1 OF THE SCHEDULE WHICH PROVIDES THAT "BIDDER IS RESPONSIBLE FOR PICK-UP AND (OR DELIVERY SERVICE COST TO EXACT DESTINATION DESIGNATED.' YOU CONTEND THAT UNDER THE ABOVE QUOTED CONTRACT PROVISION YOUR RESPONSIBILITY ENDED WHEN THE STEEL WIRE WAS DELIVERED TO THE DOCK IN KOREA BY THE STEAMSHIP COMPANIES.

YOUR RESPONSIBILITY UNDER THIS CONTRACT DID NOT END WHEN THE WIRE WAS DELIVERED BY THE STEAMSHIP COMPANIES TO THE DOCK IN KOREA SINCE YOU WERE REQUIRED UNDER PARAGRAPH 15 OF SPECIAL TERMS AND CONDITIONS OF THE CONTRACT TO SEE TO IT THAT A MASTER'S NOTICE OF EXPECTED TIME OF ARRIVAL WAS SENT BY RADIO OR CABLE TO THE PORT TRANSPORTATION OFFICER AT THE PORT OF JINSEN AT LEAST 72 HOURS PRIOR TO THE EXPECTED TIME OF ARRIVAL OF THE VESSEL SO THAT SUCH OFFICER COULD BE AT THE DOCK TO RECEIVE THE SHIPMENTS. THE RECORD INDICATES THAT NO SUCH NOTICE WAS RECEIVED BY THE PORT TRANSPORTATION OFFICER AND THEREFORE HE WAS NOT AT THE DOCK WHEN THE SHIPMENTS ARRIVED. IT IS SUGGESTED THAT IF YOU HAVE EVIDENCE WHICH WILL CONCLUSIVELY PROVE THAT A MASTER'S NOTICE WAS SENT VIA RADIO OR CABLE TO THE PORT TRANSPORTATION OFFICER WITHIN THE TIME PRESCRIBED BY PARAGRAPH 15 OF THE SPECIAL TERMS AND CONDITIONS AND RECEIVED BY SUCH OFFICER, SUCH EVIDENCE SHOULD BE SUBMITTED TO OUR OFFICE FOR CONSIDERATION. AS YOU WERE PREVIOUSLY ADVISED IN OUR DECISION OF DECEMBER 11, 1963, DOCUMENTS SUCH AS COPIES OF BILLS OF LADING, INSURANCE POLICIES AND INSPECTION REPORTS ARE NOT EQUIVALENT TO A SUBMITTAL OF A MASTER'S NOTICE WHICH ADVISES THE CONSIGNEE WHEN THE SHIPMENT WILL ARRIVE. THE FACT THAT YOU WERE PAID FOR THE STEEL WIRE BY THE GOVERNMENT IS NOT A SUFFICIENT BASIS FOR SHIFTING THE LIABILITY FOR THE STORAGE AND HANDLING CHARGES IN QUESTION FROM YOUR FIRM TO THE GOVERNMENT SINCE PAYMENT FOR THE WIRE WAS NOT DEPENDENT ON EVIDENCE OF THE RECEIPT OF A MASTER'S NOTICE BY THE PORT TRANSPORTATION OFFICER BUT ON EVIDENCE OF THE RECEIPT, TIMELY OR OTHERWISE, OF THE WIRE BY THE GOVERNMENT. IN REGARD TO YOUR OFFER TO COMPROMISE YOUR CLAIM AGAINST THE UNITED STATES, OUR OFFICE DOES NOT HAVE THE AUTHORITY TO COMPROMISE CLAIMS BY OR AGAINST THE UNITED STATES.

ACCORDINGLY, ON THE BASIS OF THE PRESENT RECORD, THE DECISION OF DECEMBER 11, 1963, IS AFFIRMED.

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