B-123677, JUL. 22, 1955

B-123677: Jul 22, 1955

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INC.: REFERENCE IS MADE TO YOUR LETTER OF JUNE 6. IN WHICH THERE WAS DISALLOWED YOUR CLAIM FOR REFUND OF $316.19 OF THE AMOUNT PAID UNDER CONTRACT NO. 191S-41369 FOR THE PURCHASE OF TRIETHANOLAMINE FROM THE CHARLESTON NAVAL SHIPYARD. NO EFFORT WAS MADE TO DETERMINE THE ACCURACY OF THE STATEMENT MADE TO YOU. THE CHARLESTON NAVAL SHIPYARD HAS REPORTED THAT THE DESCRIPTION AND QUANTITIES OF MATERIAL ADVERTISED UNDER THE SUBJECT INVITATION WERE OBTAINED FROM STANDARD FORMS 120 RECEIVED FROM THE GENERAL STORES SUPPLY OFFICE. THAT ALL DOCUMENTS PERTINENT TO THE MATERIAL TO BE ADVERTISED WERE CHECKED FOR DIFFERENCES IN QUANTITIES AND DESCRIPTION BEFORE "LOTTING OF THE MATERIAL. " AND THAT NO DISCREPANCIES WERE REPORTED.

B-123677, JUL. 22, 1955

TO BARCLAY CHEMICAL COMPANY, INC.:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 6, 1955, REQUESTING RECONSIDERATION OF DECISION OF MAY 27, 1955, WHICH SUSTAINED SETTLEMENT DATED FEBRUARY 23, 1955, IN WHICH THERE WAS DISALLOWED YOUR CLAIM FOR REFUND OF $316.19 OF THE AMOUNT PAID UNDER CONTRACT NO. 191S-41369 FOR THE PURCHASE OF TRIETHANOLAMINE FROM THE CHARLESTON NAVAL SHIPYARD, CHARLESTON, SOUTH CAROLINA.

YOU EXPRESS THE VIEW THAT LACK OF GOOD FAITH COULD BE CHARGED TO THE GOVERNMENT BY REASON OF THE FACT THAT WHILE THE INFORMATION FURNISHED YOU APPEARED TO BE BASED UPON ACTUAL KNOWLEDGE AND INFORMATION ON THE PART OF THE CHARLESTON NAVAL DISTRICT, NO EFFORT WAS MADE TO DETERMINE THE ACCURACY OF THE STATEMENT MADE TO YOU.

THE CHARLESTON NAVAL SHIPYARD HAS REPORTED THAT THE DESCRIPTION AND QUANTITIES OF MATERIAL ADVERTISED UNDER THE SUBJECT INVITATION WERE OBTAINED FROM STANDARD FORMS 120 RECEIVED FROM THE GENERAL STORES SUPPLY OFFICE, PHILADELPHIA, PENNSYLVANIA, PRIOR TO PUBLISHING THE SALES INVITATION; THAT ALL DOCUMENTS PERTINENT TO THE MATERIAL TO BE ADVERTISED WERE CHECKED FOR DIFFERENCES IN QUANTITIES AND DESCRIPTION BEFORE "LOTTING OF THE MATERIAL; " AND THAT NO DISCREPANCIES WERE REPORTED, AND THE SALES INVITATION WAS PREPARED ACCORDINGLY. IT APPEARS THAT ITEM NO. 4 COVERING THE MATERIALS HERE INVOLVED WAS ADVERTISED ON A "LOT" BASIS WITH THE NOTATION THAT THE QUANTITIES ADVERTISED WERE APPROXIMATE AND THAT NO ADJUSTMENTS FOR VARIATIONS WOULD BE MADE. SINCE YOU SUBMITTED YOUR BID IN THE FACE OF THE WARNINGS REGARDING THE MATTER OF QUANTITY APPEARING ON THE INVITATION, IT REASONABLY MAY BE CONCLUDED THAT YOU ASSUMED ANY RISK WHICH MIGHT EXIST BY REASON OF A VARIANCE BETWEEN THE QUANTITIES SHOWN IN THE INVITATION AND THE QUANTITIES ACTUALLY DELIVERED.

REGARDING YOUR REFERENCE TO A SITUATION INVOLVING THE SALE OF 15,000 POUNDS OF CARNAUBA WAX BY THE NORFOLK NAVAL DISTRICT, AND AS TO WHICH YOU STATE THAT THE BIDDER'S DEPOSIT WAS RETURNED, OUR OFFICE IS NOT INFORMED AS TO THE FACTS IN THE MATTER BUT, IN ANY EVENT, SUCH REFUND BEARS NO RELATION TO THE RIGHTS AND OBLIGATIONS UNDER THE CONTRACT WHICH YOUR CLAIM IS ASSERTED.