B-124177, JUL. 19, 1955

B-124177: Jul 19, 1955

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INC.: REFERENCE IS MADE TO YOUR LETTERS OF DECEMBER 9. 643 WAS 200 POUNDS AND THAT PAYMENT OF THE TRANSPORTATION CHARGES ON THAT BASIS WAS MADE TO THE RAILWAY EXPRESS AGENCY ON D.O. SINCE THE SHIPMENT MOVED ON THE BASIS OF 200 POUNDS AND SINCE YOU HAVE NOT FURNISHED ANY EVIDENCE THAT THE WEIGHT SHOWN ON THE BILL OF LADING IS ERRONEOUS. THERE IS NO LEGAL BASIS FOR PAYMENT TO YOU OF ANY ADDITIONAL AMOUNT. IS SUSTAINED.

B-124177, JUL. 19, 1955

TO MANHATTAN LIGHTING EQUIPMENT CO., INC.:

REFERENCE IS MADE TO YOUR LETTERS OF DECEMBER 9, 1954, AND SUBSEQUENT CORRESPONDENCE, REQUESTING RECONSIDERATION OF SETTLEMENT DATED NOVEMBER 22, 1954, WHICH DISALLOWED YOUR CLAIM FOR PARTIAL REFUND OF EXPRESS CHARGES DEDUCTED FROM THE PAYMENTS MADE TO YOU UNDER YOUR CONTRACT WITH THE DEPARTMENT OF COMMERCE, PURCHASE ORDER NO. 153 1682B1-1.

IN YOUR LETTER YOU CONTEND THAT THE ADMINISTRATIVE AGENCY ALLOWED YOU A CREDIT WHEN IT OVERESTIMATED THE VALUE OF THE SHIPMENT (AN ELECTRICAL SWITCH), BUT THAT IT DID NOT ALLOW YOU A CREDIT FOR THE DIFFERENCE IN WEIGHT BETWEEN 135 POUNDS WHICH THE SWITCH ACTUALLY WEIGHED AND THE 200 POUNDS WHICH THE AGENCY "GUESSED AT.' YOU ALSO STATE THAT THE AGENCY DOES NOT DISPUTE THE FACT THAT THIS SHIPMENT WEIGHED ONLY 135 POUNDS. JANUARY 19, 1955, THE CIVIL AERONAUTICS ADMINISTRATION REPORTED TO OUR OFFICE THAT THE ACTUAL WEIGHT OF THE SWITCH INVOLVED IN THE SHIPMENT ON GOVERNMENT BILL OF LADING C-982,643 WAS 200 POUNDS AND THAT PAYMENT OF THE TRANSPORTATION CHARGES ON THAT BASIS WAS MADE TO THE RAILWAY EXPRESS AGENCY ON D.O. VOUCHER 75002, DECEMBER 29, 1953, BY DON ILER, REGIONAL DISBURSING OFFICER, NEW YORK, NEW YORK.

SINCE THE SHIPMENT MOVED ON THE BASIS OF 200 POUNDS AND SINCE YOU HAVE NOT FURNISHED ANY EVIDENCE THAT THE WEIGHT SHOWN ON THE BILL OF LADING IS ERRONEOUS, THERE IS NO LEGAL BASIS FOR PAYMENT TO YOU OF ANY ADDITIONAL AMOUNT. ACCORDINGLY, ON THE PRESENT RECORD, THE SETTLEMENT OF NOVEMBER 22, 1954, IS SUSTAINED.