B-124137, JUN. 29, 1955

B-124137: Jun 29, 1955

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TO THE JACKSONVILLE PAPER COMPANY: REFERENCE IS MADE TO YOUR LETTER OF APRIL 28. THE PURCHASE ORDER SHOWS THAT YOU WERE REQUESTED TO DELIVER TO THE DEPARTMENT OF THE AIR FORCE. THE RECORD SHOWS THAT 400 POUNDS OF TWINE WAS DELIVERED AND THAT YOU WERE PAID THE CONTRACT PRICE BY CHECK NO. 73667 DATED JANUARY 22. IN YOUR LETTER YOU STATE THAT YOU HAVE SUBSTANTIATING DOCUMENTS TO SUPPORT YOUR POSITION THAT THERE WAS A TOTAL OF 409 POUNDS OF TWINE SHIPPED AGAINST THE PURCHASE ORDER. WHICH WAS RENDERED TO YOU BY YOUR SUPPLIER AND WHICH INDICATES THAT THE MILL BILLED YOU FOR A TOTAL OF 409 POUNDS OF TWINE. THE GOVERNMENT DOES NOT DISPUTE THE FACT THAT YOU WERE BILLED FOR 409 POUNDS OF TWINE BY YOUR SUPPLIER BUT IT HAS NO RECORD OF HAVING RECEIVED MORE THAN 400 POUNDS OF TWINE.

B-124137, JUN. 29, 1955

TO THE JACKSONVILLE PAPER COMPANY:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 28, 1955, REQUESTING RECONSIDERATION OF SETTLEMENT DATED APRIL 21, 1955, WHICH DISALLOWED YOUR CLAIM IN THE AMOUNT OF $5.22 IN CONNECTION WITH PURCHASE ORDER (08-612) 53 -2731, DATED MAY 21, 1953.

THE PURCHASE ORDER SHOWS THAT YOU WERE REQUESTED TO DELIVER TO THE DEPARTMENT OF THE AIR FORCE, WEST PALM BEACH, FLORIDA, 400 POUNDS OF TWINE FOR THE TOTAL PRICE OF $240.75, LESS 2 PERCENT DISCOUNT FOR PROMPT PAYMENT WITHIN 10 DAYS. THE RECORD SHOWS THAT 400 POUNDS OF TWINE WAS DELIVERED AND THAT YOU WERE PAID THE CONTRACT PRICE BY CHECK NO. 73667 DATED JANUARY 22, 1954, IN THE AMOUNT OF $235.93.

IN YOUR LETTER YOU STATE THAT YOU HAVE SUBSTANTIATING DOCUMENTS TO SUPPORT YOUR POSITION THAT THERE WAS A TOTAL OF 409 POUNDS OF TWINE SHIPPED AGAINST THE PURCHASE ORDER. WITH YOUR LETTER YOU FURNISHED A CERTIFIED TRUE COPY OF INVOICE NO. PD-88 DATED JULY 2, 1953, WHICH WAS RENDERED TO YOU BY YOUR SUPPLIER AND WHICH INDICATES THAT THE MILL BILLED YOU FOR A TOTAL OF 409 POUNDS OF TWINE.

THE GOVERNMENT DOES NOT DISPUTE THE FACT THAT YOU WERE BILLED FOR 409 POUNDS OF TWINE BY YOUR SUPPLIER BUT IT HAS NO RECORD OF HAVING RECEIVED MORE THAN 400 POUNDS OF TWINE. IN FACT, THE CONTRACTING OFFICER REPORTED ON OCTOBER 27, 1954, THAT "A THOROUGH CHECK WAS MADE AND THE WAREHOUSE BALANCE CHECKED AND NO OVERAGES WERE SHOWN.' ALSO, HE REPORTED THAT YOU WITHDREW YOUR BILLING FOR THE OVERAGES, SUBMITTED AN INVOICE FOR THE CORRECT AMOUNT AND ACCEPTED PAYMENT IN FULL FOR THE EXACT AMOUNT SHOWN IN THE PURCHASE ORDER.

WHERE, AS HERE, A DISPUTE OF FACT EXISTS BETWEEN THE ADMINISTRATIVE AGENCY AND YOU, IT HAS BEEN THE SETTLED RULE OF OUR OFFICE TO ACCEPT THE REPORT OF THE AGENCY. THE EVIDENCE FURNISHED BY YOU IS NOT CONSIDERED SUFFICIENT TO OVERCOME THE PRESUMPTION OF THE CORRECTNESS OF THE REPORT THAT A CHECK FAILED TO INDICATE THAT AN ADDITIONAL NINE POUNDS OF TWINE HAD BEEN RECEIVED.

ACCORDINGLY, THE SETTLEMENT OF APRIL 21, 1955, DISALLOWING YOUR CLAIM MUST BE SUSTAINED.