B-131876, JUL. 2, 1957

B-131876: Jul 2, 1957

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TO METALAB EQUIPMENT COMPANY: REFERENCE IS MADE TO YOUR LETTER OF MAY 3. YOUR REQUEST FOR REVIEW IS BASED SOLELY ON YOUR CONTENTION THAT THE ORIGINAL TRAPS WHICH WERE SHIPPED WITHIN THE CONTRACT DELIVERY PERIOD WERE "HEAVY CAST BRASS 1 1/2 INCH I.P.S. STAIN FINISH NICKEL" AND THAT "IT WAS MERELY YOUR INTERPRETATION OF THE SPECIFICATIONS THAT MADE THESE TRAPS UNSATISFACTORY.'. AS WAS POINTED OUT IN THE SETTLEMENT OF OCTOBER 9. YOU WERE ADVISED BY THE PROCURING AGENCY ON OCTOBER 4. THAT BATH TUB TRAPS WERE RECEIVED INSTEAD OF SINK TRAPS AND BY LETTER OF OCTOBER 24. YOU WERE ADVISED THAT THE BATH TRAPS WERE UNACCEPTABLE AND YOU WERE REFERRED TO NOLAN COMPANY CATALOGUE G. YOU WERE INFORMED THAT THE TRAPS RECEIVED WERE OF VERY POOR QUALITY SINCE THEY HAD NUMEROUS DEEP SAND HOLES IN THE TRAP BODIES.

B-131876, JUL. 2, 1957

TO METALAB EQUIPMENT COMPANY:

REFERENCE IS MADE TO YOUR LETTER OF MAY 3, 1957, REQUESTING RECONSIDERATION OF SETTLEMENT DATED OCTOBER 9, 1956, WHICH DISALLOWED YOUR CLAIM FOR $2,112.20, REPRESENTING LIQUIDATED DAMAGES DEDUCTED IN MAKING PAYMENT FOR TWENTY-FOUR STONE SINKS AND TRAPS FURNISHED THE DEPARTMENT OF HEALTH, EDUCATION AND WELFARE, NATIONAL INSTITUTES OF HEALTH, PURSUANT TO UNNUMBERED CONTRACT DATED MAY 13, 1955.

YOUR REQUEST FOR REVIEW IS BASED SOLELY ON YOUR CONTENTION THAT THE ORIGINAL TRAPS WHICH WERE SHIPPED WITHIN THE CONTRACT DELIVERY PERIOD WERE "HEAVY CAST BRASS 1 1/2 INCH I.P.S. SWIVEL ELL WITH CLEAN OUT, STAIN FINISH NICKEL" AND THAT "IT WAS MERELY YOUR INTERPRETATION OF THE SPECIFICATIONS THAT MADE THESE TRAPS UNSATISFACTORY.'

AS WAS POINTED OUT IN THE SETTLEMENT OF OCTOBER 9, 1956, YOU WERE ADVISED BY THE PROCURING AGENCY ON OCTOBER 4, 1955, THAT BATH TUB TRAPS WERE RECEIVED INSTEAD OF SINK TRAPS AND BY LETTER OF OCTOBER 24, 1955, YOU WERE ADVISED THAT THE BATH TRAPS WERE UNACCEPTABLE AND YOU WERE REFERRED TO NOLAN COMPANY CATALOGUE G, PAGE 65, WHICH LISTS THE TRAPS FURNISHED AS NO. 2230 "BATH TRAPS," THE SPECIFIED TRAPS BEING LISTED ON PAGE 66 AS NO. 2225. ALSO, YOU WERE INFORMED THAT THE TRAPS RECEIVED WERE OF VERY POOR QUALITY SINCE THEY HAD NUMEROUS DEEP SAND HOLES IN THE TRAP BODIES.

IN MATTERS SUCH AS THIS--- WHERE THERE IS A DISPUTED QUESTION OF FACT BETWEEN THE GOVERNMENT CONTRACTING AGENCY AND A CONTRACTOR--- OUR OFFICE, IN THE ABSENCE OF EVIDENCE SUFFICIENT TO OVERCOME THE PRESUMPTION OF THE CORRECTNESS THEREOF, MUST ACCEPT THE FACTS AS REPORTED ADMINISTRATIVELY.

ACCORDINGLY, SINCE THE RECORD BEFORE US DISCLOSES THAT THE TRAPS WHICH WERE FURNISHED IN THE FIRST INSTANCE DID NOT MEET THE DESIGNATED SPECIFICATIONS, IT MUST BE HELD THAT THE DISALLOWANCE OF YOUR CLAIM BY SETTLEMENT OF OCTOBER 9, 1956, WAS CORRECT AND PROPER AND, THEREFORE, MUST BE SUSTAINED.