B-140817, JAN. 15, 1960

B-140817: Jan 15, 1960

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M. KAVOUKIAN COMPANY: REFERENCE IS MADE TO YOUR LETTER DATED DECEMBER 11. THAT THE SHIPMENT INVOLVED WAS MADE BY TRUCK AND THAT THE COST OF TRANSPORTATION WAS BASED UPON THE WEIGHTS PLACED UPON THE ITEMS BY THE GOVERNMENT. THIS IS STRICTLY IN ACCORDANCE WITH THE DESCRIPTION OF THAT ITEM CONTAINED IN THE INVITATION FOR BIDS. SINCE THERE WAS NO WARRANTY THAT THE TRUE WEIGHT WAS 9 OUNCES. THE AMOUNT OF $40.50 WAS PROPERLY DISALLOWED IN THE SETTLEMENT OF SEPTEMBER 1. SINCE THE CLOTH DELIVERED YOU UNDER ITEM 20 WAS NOT DELIVERED LOOSE AND UNBALED AS DESCRIBED IN THE INVITATION. SINCE THERE APPEARS TO BE NO CLEAR PROOF THAT THE WEIGHT OF THE CARTONS WAS 20 POUNDS RATHER THAN 30 POUNDS AS ASSERTED BY YOU.

B-140817, JAN. 15, 1960

TO G. M. KAVOUKIAN COMPANY:

REFERENCE IS MADE TO YOUR LETTER DATED DECEMBER 11, 1959, AND PREVIOUS CORRESPONDENCE, REQUESTING REVIEW OF SETTLEMENT DATED SEPTEMBER 1, 1959, WHICH DISALLOWED YOUR CLAIM FOR REFUND OF $56.03 ON ACCOUNT OF ALLEGED SHORTAGE IN WEIGHT OF TWO SURPLUS ITEMS PURCHASED FROM THE PHILADELPHIA QUARTERMASTER DEPOT.

AS EVIDENCE IN SUPPORT OF YOUR CLAIM, WE REQUESTED IN OUR LETTER OF OCTOBER 5, 1959, THAT YOU FURNISH US WITH THE BILL OF LADING FROM YOUR CARRIER, SHOWING THE WEIGHT OF THE ITEMS ON WHICH YOU PAID THE TRANSPORTATION COST. YOU STATE IN YOUR LETTER OF DECEMBER 11, 1959, THAT THE SHIPMENT INVOLVED WAS MADE BY TRUCK AND THAT THE COST OF TRANSPORTATION WAS BASED UPON THE WEIGHTS PLACED UPON THE ITEMS BY THE GOVERNMENT.

THE RECORD DISCLOSES THAT THE TALLY OUT FOR ITEM 16 SHOWS A GROSS WEIGHT OF 525 POUNDS, INCLUDING THE WEIGHT OF THE CARTONS. THIS IS STRICTLY IN ACCORDANCE WITH THE DESCRIPTION OF THAT ITEM CONTAINED IN THE INVITATION FOR BIDS. YOUR CLAIM APPEARS TO BE BASED SOLELY UPON A COMPUTATION OF THE WEIGHT OF THE YARDS OF MATERIAL RECEIVED AT ITS NOMINAL RATING OF 9 OUNCES PER YARD. SINCE THERE WAS NO WARRANTY THAT THE TRUE WEIGHT WAS 9 OUNCES, THIS CANNOT BE ACCEPTED TO CONTRADICT THE RECORDED WEIGHT.

ACCORDINGLY, THE AMOUNT OF $40.50 WAS PROPERLY DISALLOWED IN THE SETTLEMENT OF SEPTEMBER 1, 1959.

SINCE THE CLOTH DELIVERED YOU UNDER ITEM 20 WAS NOT DELIVERED LOOSE AND UNBALED AS DESCRIBED IN THE INVITATION, AND SINCE THERE APPEARS TO BE NO CLEAR PROOF THAT THE WEIGHT OF THE CARTONS WAS 20 POUNDS RATHER THAN 30 POUNDS AS ASSERTED BY YOU, YOUR CLAIM OF $15.53 OF THAT ITEM WILL BE ALLOWED. SETTLEMENT WILL ISSUE WITHIN THE NEAR FUTURE.