B-140104, JUL. 20, 1959

B-140104: Jul 20, 1959

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TO THE HIGGINS METAL PRODUCTS COMPANY: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JUNE 15. YOU NOW CONTEND THAT YOUR CLAIM IS FOR ALLOWANCE BECAUSE "NO REQUIREMENT WAS STIPULATED IN THE BID FORM AND CONTRACT THAT SPECIAL PACKAGING WAS REQUIRED.'. IS NOT CONSISTENT WITH THE FACTS AS SHOWN BY THE RECORD BEFORE US. IS A COPY OF A LETTER WHICH EXPRESSLY SETS FORTH UNDER PARAGRAPH NO. 6. THERE WERE LIKEWISE STIPULATED THE PACKAGING REQUIREMENTS INVOLVED.

B-140104, JUL. 20, 1959

TO THE HIGGINS METAL PRODUCTS COMPANY:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JUNE 15, 1959, REQUESTING A REVIEW OF OUR SETTLEMENT DATED JUNE 8, 1959, WHICH DISALLOWED YOUR CLAIM FOR $59.52 UNDER DEPARTMENT OF THE ARMY PURCHASE ORDER NO. 33-079-59- 1986.

YOU NOW CONTEND THAT YOUR CLAIM IS FOR ALLOWANCE BECAUSE "NO REQUIREMENT WAS STIPULATED IN THE BID FORM AND CONTRACT THAT SPECIAL PACKAGING WAS REQUIRED.' THIS ALLEGATION, HOWEVER, IS NOT CONSISTENT WITH THE FACTS AS SHOWN BY THE RECORD BEFORE US. ATTACHED TO DD FORM 747 "REQUEST FOR QUOTATION," FORWARDED TO YOU BY THE ROSSFORD ORDNANCE DEPOT, IS A COPY OF A LETTER WHICH EXPRESSLY SETS FORTH UNDER PARAGRAPH NO. 6, DETAILED PACKAGING REQUIREMENTS FOR THE PRIMER FIRING FIXTURES. MOREOVER, ON PAGE 3 OF THE PURCHASE ORDER ISSUED BY THE DEPOT, IN RESPONSE TO YOUR QUOTATION, THERE WERE LIKEWISE STIPULATED THE PACKAGING REQUIREMENTS INVOLVED. YOUR ACCEPTANCE OF THE PURCHASE ORDER AND DELIVERY THEREUNDER RESULTED IN A VALID AND BINDING AGREEMENT ON YOUR PART TO PERFORM IN ACCORDANCE WITH ITS TERMS AND AT THE PRICE STIPULATED THEREIN. 36 COMP. GEN. 191.