A-5982, NOVEMBER 15, 1924, 4 COMP. GEN. 452

A-5982: Nov 15, 1924

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SALES - SURPLUS SUPPLIES - REFUNDS WHERE THE CIRCULAR ADVERTISEMENT DESCRIBING WASTE PAPER OFFERED FOR SALE STATED THE ESTIMATED WEIGHT AND CONTAINED A PROVISION STATING THAT THE PAPER WOULD BE WEIGHED ON DELIVERY TO THE PURCHASER AND THE ACTUAL WEIGHT WOULD GOVERN THE PURCHASER IS ENTITLED TO A REFUND OF THE AMOUNT PAID IN EXCESS OF THE VALUE OF THE QUANTITY ACTUALLY DELIVERED TO HIM. WITH REQUEST FOR DECISION WHETHER PAYMENT THEREON IS AUTHORIZED. PROPOSALS WERE REQUESTED BY THE QUARTERMASTER SUPPLY OFFICER. WAS AWARDED LOT NO. 44. WHEN DELIVERY WAS MADE IT WAS DISCOVERED THAT ONLY 32. 560 POUNDS WERE DELIVERED. THE LOT SOLD CLAIMANT WAS DESCRIBED IN THE ADVERTISEMENT AS FOLLOWS: * * * MIXED WASTE PAPER.

A-5982, NOVEMBER 15, 1924, 4 COMP. GEN. 452

SALES - SURPLUS SUPPLIES - REFUNDS WHERE THE CIRCULAR ADVERTISEMENT DESCRIBING WASTE PAPER OFFERED FOR SALE STATED THE ESTIMATED WEIGHT AND CONTAINED A PROVISION STATING THAT THE PAPER WOULD BE WEIGHED ON DELIVERY TO THE PURCHASER AND THE ACTUAL WEIGHT WOULD GOVERN THE PURCHASER IS ENTITLED TO A REFUND OF THE AMOUNT PAID IN EXCESS OF THE VALUE OF THE QUANTITY ACTUALLY DELIVERED TO HIM.

COMPTROLLER GENERAL MCCARL TO MAJ. H. E. PACE, FINANCE OFFICER, UNITED STATES ARMY, NOVEMBER 15, 1924:

THERE HAS BEEN RECEIVED YOUR LETTER OF OCTOBER 23, 1924, TRANSMITTING, THROUGH THE OFFICE OF THE CHIEF OF FINANCE, WITH REQUEST FOR DECISION WHETHER PAYMENT THEREON IS AUTHORIZED, A VOUCHER IN FAVOR OF MARINO BROS. IN THE SUM OF $228.46 ON ACCOUNT OF SHORTAGE IN DELIVERY OF WASTE PAPER PURCHASED AT SALE OF SURPLUS SUPPLIES HELD AT BROOKLYN, N.Y., IN COMPLIANCE WITH CIRCULAR PROPOSAL NO. 8, DATED SEPTEMBER 20, 1924.

BY CIRCULAR ADVERTISEMENT DATED SEPTEMBER 20, 1924, PROPOSALS WERE REQUESTED BY THE QUARTERMASTER SUPPLY OFFICER, BROOKLYN, N.Y., ON CERTAIN SALVAGE SUPPLIES. THE FIRM OF MARINO BROS. WAS AWARDED LOT NO. 44, AS LISTED IN THE ADVERTISEMENT AND STATED TO CONSIST OF APPROXIMATELY 50,000 POUNDS OF MIXED WASTE PAPER, PART IN BALES, PART IN BAGS, AND PART LOOSE IN BOXES. THE CLAIMANT PAID FOR 50,000 POUNDS AT THE PRICE AGREED UPON. HOWEVER, WHEN DELIVERY WAS MADE IT WAS DISCOVERED THAT ONLY 32,560 POUNDS WERE DELIVERED. THE LOT SOLD CLAIMANT WAS DESCRIBED IN THE ADVERTISEMENT AS FOLLOWS:

* * * MIXED WASTE PAPER. PART IN BALES, PART IN BAGS, PART LOOSE IN BOXES. WEIGHT IS ESTIMATED. THERE MAY BE MORE OR LESS. WILL BE WEIGHED ON DELIVERY AND ACTUAL WEIGHT WILL GOVERN. * * *

THE PROVISIONS OF THE ADVERTISEMENT IN CONFORMITY WITH WHICH THE BID WAS SUBMITTED AND ACCEPTED CLEARLY SHOW THAT THE SALE IN THIS PARTICULAR INSTANCE WAS NOT A SALE OF THE LOT AT A LUMP-SUM PRICE REGARDLESS OF WEIGHT, BUT THAT IT WAS A SALE OF THE LOT AT THE PRICE OF $1.31 PER 100 POUNDS FOR THE ACTUAL WEIGHT OF THE MATERIAL DELIVERED.

AS IT APPEARS THAT PAYMENT WAS MADE FOR 50,000 POUNDS, WHEREAS THE ACTUAL WEIGHT OF THE LOT AS DELIVERED WAS ONLY 32,560 POUNDS, THEREBY RESULTING IN AN OVERPAYMENT BY THE PURCHASER IN THE AMOUNT OF $228.46 AS STATED ON THE VOUCHER SUBMITTED, REFUND OF THAT AMOUNT IS AUTHORIZED FROM THE PROCEEDS OF THE SALE OF ANY ARTICLES LISTED IN THE ADVERTISEMENT COVERING THIS SALE IF A SUFFICIENT AMOUNT OF SAID PROCEEDS IS STILL CARRIED IN A SPECIAL DEPOSIT ACCOUNT.

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