B-130171, MAY 27, 1957

B-130171: May 27, 1957

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INC.: FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 19. WHEREIN THERE WAS DISALLOWED YOUR CLAIM FOR $6.25 REPRESENTING DISCOUNT DEDUCTED FROM THE PAYMENT MADE TO YOU BY THE DEPARTMENT OF THE NAVY FOR PUNCHES FURNISHED UNDER CONTRACT NO. YOUR PROPOSAL ON WHICH THE CONTRACT WAS BASED OFFERED A DISCOUNT OF "2 PERCENT 30 CALENDAR S.'. 1949 EDITION) INCLUDED IN THE CONTRACT IT IS PROVIDED: "THE CONTRACTOR SHALL BE PAID. TIME WILL BE COMPUTED FROM DATE OF DELIVERY OF THE SUPPLIES TO CARRIER WHEN DELIVERY AND ACCEPTANCE ARE AT POINT OF ORIGIN. OR FROM DATE OF DELIVERY AT DESTINATION OR PORT OF EMBARKATION WHEN DELIVERY AND ACCEPTANCE ARE AT EITHER OF THOSE POINTS. OR FROM DATE CORRECT INVOICE OR VOUCHER (PROPERLY CERTIFIED BY THE CONTRACTOR) IS RECEIVED IN THE OFFICE SPECIFIED BY THE GOVERNMENT IF THE LATTER DATE IS LATER THAN THE DATE OF DELIVERY.'.

B-130171, MAY 27, 1957

TO HAROLD DESSAU, INC.:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 19, 1957, ACKNOWLEDGED MAY 13, REQUESTING REVIEW OF GENERAL ACCOUNTING OFFICE SETTLEMENT DATED APRIL 17, 1957, WHEREIN THERE WAS DISALLOWED YOUR CLAIM FOR $6.25 REPRESENTING DISCOUNT DEDUCTED FROM THE PAYMENT MADE TO YOU BY THE DEPARTMENT OF THE NAVY FOR PUNCHES FURNISHED UNDER CONTRACT NO. N 600-155- 41193, DATED JANUARY 19, 1956.

YOUR PROPOSAL ON WHICH THE CONTRACT WAS BASED OFFERED A DISCOUNT OF "2 PERCENT 30 CALENDAR S.' IN PARAGRAPH 7 OF THE GENERAL PROVISIONS (STANDARD FORM 32, 1949 EDITION) INCLUDED IN THE CONTRACT IT IS PROVIDED:

"THE CONTRACTOR SHALL BE PAID, UPON THE SUBMISSION OF PROPERTY CERTIFIED INVOICES OR VOUCHERS, THE PRICES STIPULATED HEREIN FOR SUPPLIES DELIVERED AND ACCEPTED OR SERVICES RENDERED AND ACCEPTED, LESS DEDUCTIONS, IF ANY, AS HEREIN PROVIDED.'

AND, PARAGRAPH 7/B) OF THE "TERMS AND CONDITIONS OF REQUEST FOR PROPOSALS," PROVIDES:

"/B) IN CONNECTION WITH ANY DISCOUNT OFFERED, TIME WILL BE COMPUTED FROM DATE OF DELIVERY OF THE SUPPLIES TO CARRIER WHEN DELIVERY AND ACCEPTANCE ARE AT POINT OF ORIGIN, OR FROM DATE OF DELIVERY AT DESTINATION OR PORT OF EMBARKATION WHEN DELIVERY AND ACCEPTANCE ARE AT EITHER OF THOSE POINTS, OR FROM DATE CORRECT INVOICE OR VOUCHER (PROPERLY CERTIFIED BY THE CONTRACTOR) IS RECEIVED IN THE OFFICE SPECIFIED BY THE GOVERNMENT IF THE LATTER DATE IS LATER THAN THE DATE OF DELIVERY.'

THE RECORD SHOWS THAT THE SUPPLIES INVOLVED WERE RECEIVED AT THE LONG BEACH NAVAL SHIPYARD APRIL 10, 1956. THE PERTINENT INVOICE IS DATED APRIL 2, 1956, BUT IT IS REPORTED BY THE DEPARTMENT OF THE NAVY THAT THE INVOICE WAS NOT RECEIVED AT THE LONG BEACH NAVAL SHIPYARD UNTIL JUNE 29, 1956. IS NOTED THAT THE FOLLOWING STAMPS ARE ON THE REVERSE SIDE OF THE INVOICE:

"SUPPLY DEPARTMENT

LONG BEACH NAVAL SHIPYARD

1956 JUN 29 A.M. 10 34

"RECEIVED NAVY REGIONAL

ACCOUNTS OFFICE

1956 JUL 6 A.M. 11 22

BROOKLYN, N. Y.'

THE DEPARTMENT REPORTS THAT THE WHEREABOUTS OF THE INVOICE PRIOR TO JUNE 29, 1956, IS NOT KNOWN BUT THAT THERE IS NO EVIDENCE OF MISHANDLING. PAYMENT WAS MADE TO YOU ON JULY 10, 1956, ONLY 11 DAYS AFTER RECEIPT OF THE INVOICE.

IN VIEW OF THE PROVISIONS OF THE CONTRACT AND THE FACTS OF THE MATTER AS ABOVE SET OUT, IT APPEARS THAT PAYMENT ON THE INVOICE WAS MADE WITHIN THE DISCOUNT PERIOD. ACCORDINGLY, THERE IS NOT FOUND ANY LEGAL BASIS FOR PAYMENT OF THE AMOUNT DEDUCTED AS DISCOUNT AND THE SETTLEMENT OF APRIL 17, 1957, IS SUSTAINED.