B-140792, SEP. 29, 1959

B-140792, SEP. 29, 1959

TO PLAIKINS, INCORPORATED:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 1, 1959, WITH ENCLOSURES, REQUESTING REVIEW OF GENERAL ACCOUNTING OFFICE SETTLEMENT DATED JULY 29, 1959, WHICH DISALLOWED YOUR CLAIM FOR $6,498.78 AS REFUND OF PROMPT PAYMENT DISCOUNT DEDUCTED BY THE DEPARTMENT OF THE AIR FORCE IN PAYMENT OF THE CONTRACT PRICE UNDER CONTRACT NO. AF 36/600/-5313 DATED MAY 23, 1958.

YOUR REQUEST FOR REVIEW IS BASED ON THE CONTENTION THAT THE DATE YOUR INVOICES WERE RECEIVED IN THE ACCOUNTING AND FINANCE OFFICE OF THE NEW YORK AIR PROCUREMENT DISTRICT WAS NOVEMBER 21, 1958, THE DATE ON WHICH YOU ALLEGE YOUR EMPLOYEE, MYRNA BERGER, PERSONALLY DELIVERED THE INVOICES TO THAT OFFICE, RATHER THAN NOVEMBER 24, 1958, THE DATE USED IN COMPUTING THE DISCOUNT DEDUCTIBLE. IN SUPPORT OF YOUR CONTENTION AS TO THE PROPER DATE TO BE USED IN COMPUTING THE DISCOUNT TO BE TAKEN BY THE GOVERNMENT YOU FORWARDED WITH YOUR LETTER OF SEPTEMBER 1, 1959, A SWORN STATEMENT BY MYRNA BERGER AND A COPY OF A PETTY CASH VOUCHER DATED "11/21/58," IN THE AMOUNT OF $2.10 FOR ,TAXI- - 111 E. 16TH ST., N.Y., AND SIGNED BY MYRNA BERGER.

IT IS THE RULE OF THIS OFFICE WHEN THERE IS A DISAGREEMENT, AS HERE, BETWEEN THE FACTS AS ADMINISTRATIVELY REPORTED AND THOSE STATED BY A CLAIMANT, IN THE ABSENCE OF EVIDENCE SUBMITTED BY THE CLAIMANT LEGALLY SUFFICIENT TO OVERCOME THE PRESUMPTION OF THEIR CORRECTNESS, TO ACCEPT THE FACTS ADMINISTRATIVELY REPORTED AND SUPPORTED BY THE OFFICIAL RECORDS AS CONTROLLING AND DISPOSITION OF A CLAIM. SEE 16 COMP. GEN. 325; 18 ID. 799; 31 ID. 288; AND 37 ID. 568.

IN THE INSTANT CASE, SINCE IT IS THE NORMAL RECORD-KEEPING PRACTICE OF THE ACCOUNTING AND FINANCE OFFICE OF THE NEW YORK AIR PROCUREMENT DISTRICT TO PERFORATE THE RECEIPT DATE OF A DOCUMENT ON THE DOCUMENT ITSELF, AND SINCE THE INVOICES HERE INVOLVED BEAR THE PERFORATED DATE OF NOVEMBER 24, 1958, AS THE DATE OF RECEIPT THEREOF BY THE ACCOUNTING AND FINANCE OFFICE, IT WOULD NOT APPEAR THAT THE AFFIDAVIT OF MYRNA BERGER IS SUFFICIENT TO OVERCOME THE PRESUMPTION OF THE CORRECTNESS OF THE DEPARTMENTAL RECORDS. IN VIEW THEREOF, WE HAVE NO ALTERNATIVE BUT TO ACCEPT NOVEMBER 24, 1958, AS THE CONTROLLING DATE FOR COMPUTING THE DISCOUNT DEDUCTION. CONSEQUENTLY, SINCE THE CHECK IN PAYMENT OF THE CONTRACT PRICE WAS DATED AND MAILED TO YOU ON DECEMBER 3, 1958, WITHIN THE TEN DAY DISCOUNT PERIOD STATED IN THE CONTRACT, THE DEDUCTION OF $6,498.78 WAS PROPER.

ACCORDINGLY, THE SETTLEMENT DISALLOWING YOUR CLAIM FOR REFUND IS SUSTAINED.