B-120016, AUG 24, 1954

B-120016: Aug 24, 1954

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WHICH WAS DISALLOWED IN GENERAL ACCOUNTING OFFICE CLAIMS DIVISION SETTLEMENT DATED APRIL 7. THE FACTS AND CIRCUMSTANCES CONCERNING THE TWO SHIPMENTS OF LUMBER INVOLVED AND THE BASIS USED BY THE ADMINISTRATIVE OFFICE FOR DETERMINING THE ACTUAL QUANTITY OF LUMBER RECEIVED AT THE DESTINATION DELIVERY POINT HAVE HERETOFORE BEEN SET FORTH AND NEED NOT BE REPEATED HERE. YOUR ATTENTION IS INVITED TO THE FACT THAT THE COMPUTATIONS SET FORTH THEREIN ARE PREDICATED ON WEIGHTS OF 50. 300 POUNDS FOR CAR UP-171574 AS ESTABLISHED BY THE RECORDS AND THESE SPECIFIC WEIGHTS WERE USED BY THE ADMINISTRATIVE OFFICE AND THIS OFFICE IN COMPUTING THE QUANTITY OF LUMBER ACTUALLY DELIVERED. ATTENTION IS INVITED TO YOUR COPY OF THE CERTIFIED LOADING AND TALLY SHEET DISCLOSING 20.

B-120016, AUG 24, 1954

PRECIS-UNAVAILABLE

OREGON LUMBER COMPANY:

CONSIDERATION HAS BEEN GIVEN YOUR LETTER DATED AUGUST 4, 1954, RELATIVE TO YOUR CLAIM FOR $198.48 ARISING IN CONNECTION WITH THE SHIPMENTS OF CERTAIN LUMBER UNDER CONTRACT NO. GS-08S-2333 (PURCHASE ORDER D53-451), DATED AUGUST 8, 1953, WHICH WAS DISALLOWED IN GENERAL ACCOUNTING OFFICE CLAIMS DIVISION SETTLEMENT DATED APRIL 7, 1954, AND SUSTAINED IN OFFICE DECISION DATED JULY 26, 1954, B-120016, TO YOU.

THE FACTS AND CIRCUMSTANCES CONCERNING THE TWO SHIPMENTS OF LUMBER INVOLVED AND THE BASIS USED BY THE ADMINISTRATIVE OFFICE FOR DETERMINING THE ACTUAL QUANTITY OF LUMBER RECEIVED AT THE DESTINATION DELIVERY POINT HAVE HERETOFORE BEEN SET FORTH AND NEED NOT BE REPEATED HERE. HOWEVER, SINCE THE CONTENTS OF THE SECOND PARAGRAPH OF YOUR LETTER OF AUGUST 4, 1954, INDICATE A MISUNDERSTANDING IN THE MATTER, YOUR ATTENTION IS INVITED TO THE FACT THAT THE COMPUTATIONS SET FORTH THEREIN ARE PREDICATED ON WEIGHTS OF 50,200 POUNDS FOR CAR UP-171574 AND 49,300 POUNDS FOR CAR D&RG- 69544. HOWEVER, THE WEIGHTS PROPERLY FOR APPLICATION APPEAR TO BE 50,200 POUNDS FOR CAR D&RG-69544 AND 49,300 POUNDS FOR CAR UP-171574 AS ESTABLISHED BY THE RECORDS AND THESE SPECIFIC WEIGHTS WERE USED BY THE ADMINISTRATIVE OFFICE AND THIS OFFICE IN COMPUTING THE QUANTITY OF LUMBER ACTUALLY DELIVERED. IN THIS CONNECTION, ATTENTION IS INVITED TO YOUR COPY OF THE CERTIFIED LOADING AND TALLY SHEET DISCLOSING 20,580 BOARD FEET LOADED IN THE UP CAR AND 21,012 BOARD FEET LOADED IN THE SECOND SHIPMENT - LEAVING NO DOUBT THAT THE LATTER SHIPMENT CARRIED THE GREATER WEIGHT.

AS YOU PREVIOUSLY WERE ADVISED THE UP CAR SHIPMENT CONTAINED 479 PIECES OF 16 FOOT LUMBER (24 B.F. EACH) OR 11,280 BOARD FEET AND 410 PIECES OF 12 FOOT LUMBER (18 B.F. EACH), OR 7,380 BOARD FEET, OR A TOTAL OF 18,660 BOARD FEET. HOWEVER, SINCE THE CHECK SHEETS COVERING THE SECOND SHIPMENT IN THE D&RG CAR - WEIGHING 50,200 POUNDS - WERE LOST, THE ACTUAL DELIVERY QUANTITY CONTAINED THEREIN WAS COMPUTED BY DIVIDING THE UP CAR WEIGHT OF 49,300 BY 18,660, THE ESTABLISHED BOARD FEET RECEIVED IN SAID CAR, AND THE RESULT SHOWS AN AVERAGE WEIGHT OF 2.64201 POUNDS PER BOARD FOOT FOR SAID SHIPMENT. AT THIS RATIO, IT WAS ESTIMATED THAT THE TWO SHIPMENTS CONTAINED 37,660 BOARD FEET. FURTHER, YOU WERE ADVISED THAT SINCE AN ADDITIONAL INVESTIGATION AND ESTIMATE ACCOMPLISHED AFTER USE OF THE LUMBER SHOWS AN ESTIMATED QUANTITY IN EXCESS OF 39,000 BOARD FEET, PAYMENT TO YOU WAS ADMINISTRATIVELY CERTIFIED ON THE BASIS OF A DELIVERY OF 39,910 BOARD FEET. IN CONSIDERATION OF THE ENTIRE RECORD BEFORE THIS OFFICE, THERE WOULD APPEAR NO LEGAL BASIS FOR REVISING THE SETTLEMENT OF YOUR CLAIM, THE METHOD OF COMPUTING THE AMOUNT THEREOF BEING CORRECT AND PROPER.

ACCORDINGLY, THE DECISION OF JULY 26, 1954, IS AFFIRMED.