B-143628, AUG. 23, 1960

B-143628: Aug 23, 1960

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TO THE DUPLICATE FORMS COMPANY: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 26. BIDS WERE OPENED BY THE GOVERNMENT PRINTING OFFICE FOR FURNISHING TO THE AIR FORCE 350. 109.50 AND AWARD WAS MADE TO YOU. PAYMENT WAS MADE TO YOU BY THE GOVERNMENT PRINTING OFFICE IN THE AMOUNT OF $1. THE AIR FORCE ADVISED THE GOVERNMENT PRINTING OFFICE THAT THE PADS WERE UNSATISFACTORY BECAUSE OF THE POOR METHOD OF PADDING. RESULTING IN THIN AND RAGGED TOP EDGES WHEN THE FORMS WERE SEPARATED FROM THE CARBONS. 200 PADS WERE USED BY THE AIR FORCE WITHOUT CORRECTION. 300 PADS WERE SUBSEQUENTLY TRIMMED AT THE TOP AND REPADDED BY THE GOVERNMENT PRINTING OFFICE AFTER CORRESPONDENCE WITH YOU IN WHICH YOU DECLINED TO MAKE THE DESIRED CORRECTION AND ADVISED THE GOVERNMENT PRINTING OFFICE TO DO SO AT ITS OWN EXPENSE.

B-143628, AUG. 23, 1960

TO THE DUPLICATE FORMS COMPANY:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 26, 1960, RELATIVE TO YOUR PROTEST AGAINST A CHARGE IN THE AMOUNT OF $327 PROPOSED TO BE MADE AGAINST YOUR ACCOUNT BY THE GOVERNMENT PRINTING OFFICE, COVERING THE COST OF CORRECTING SUPPLIES FURNISHED BY YOU UNDER PURCHASE ORDER NO. 19720 DATED MAY 2, 1960, GOVERNMENT PRINTING OFFICE JACKET NO. 546036.

ON APRIL 27, 1960, BIDS WERE OPENED BY THE GOVERNMENT PRINTING OFFICE FOR FURNISHING TO THE AIR FORCE 350,000 FORMS (PLUS 4 NEGATIVES), SIZE 8 BY 10 1/2 INCHES, INTERLEAVED WITH CARBONS, PADDED 100 SETS TO A PAD, AND ALL FORMS IN ALL PADS TO A LINE. YOU SUBMITTED THE LOW BID OF $1,109.50 AND AWARD WAS MADE TO YOU. YOU SHIPPED THE SUPPLIES TO THE AIR FORCE AND ON JUNE 29, 1960, PAYMENT WAS MADE TO YOU BY THE GOVERNMENT PRINTING OFFICE IN THE AMOUNT OF $1,048.45 ($1,109.50 LESS $55.50 FOR LIQUIDATED DAMAGES AND $5.55 FOR CASH DISCOUNT).

IN A LETTER DATED JUNE 29, 1960, THE AIR FORCE ADVISED THE GOVERNMENT PRINTING OFFICE THAT THE PADS WERE UNSATISFACTORY BECAUSE OF THE POOR METHOD OF PADDING, RESULTING IN THIN AND RAGGED TOP EDGES WHEN THE FORMS WERE SEPARATED FROM THE CARBONS. BECAUSE OF URGENT NEED, 1,200 PADS WERE USED BY THE AIR FORCE WITHOUT CORRECTION. THE REMAINING 2,300 PADS WERE SUBSEQUENTLY TRIMMED AT THE TOP AND REPADDED BY THE GOVERNMENT PRINTING OFFICE AFTER CORRESPONDENCE WITH YOU IN WHICH YOU DECLINED TO MAKE THE DESIRED CORRECTION AND ADVISED THE GOVERNMENT PRINTING OFFICE TO DO SO AT ITS OWN EXPENSE. THE COST OF MAKING THE CORRECTION WAS $327, WHICH THE GOVERNMENT PRINTING OFFICE PROPOSES TO CHARGE TO YOUR ACCOUNT.

IT APPEARS THAT THE PADS WERE FORCE GUMMED BY YOU, CAUSING THE ADHESIVE TO PENETRATE BETWEEN THE SHEETS AND CAUSING THE EDGES TO BE THIN AND RAGGED WHEN SEPARATED. YOU CONTEND THAT THE PADS FURNISHED BY YOU WERE IN ACCORDANCE WITH THE SPECIFICATIONS AND THAT WHEN THE EASY SEPARATION OF CARBON PAPER FROM THE PRINTED PAPER IS REQUIRED, SUCH REQUIREMENT SHOULD BE CLEARLY SPECIFIED. THE GOVERNMENT PRINTING OFFICE CONTENDS THAT IN PADDING, AS GENERALLY UNDERSTOOD, THE ADHESIVE IS APPLIED TO THE EDGE OF THE SHEETS SO AS TO PROVIDE A CLEAN SEPARATION OF SHEETS AND CARBONS AND THAT UNDER NORMAL PROCEDURE AND GENERAL PRINTING PRACTICE NO SPECIFIC LANGUAGE REQUIRING SUCH APPLICATION OF THE ADHESIVE IS NECESSARY.

THE TRANSACTION INVOLVING JACKET NO. 450851, REFERRED TO IN YOUR LETTER, IS STATED BY THE GOVERNMENT PRINTING OFFICE TO HAVE NO SIMILARITY TO THE INSTANT MATTER INVOLVING JACKET NO. 546036, SINCE THE FORMER REQUIRED PRODUCTION OF SINGLE SHEETS WITH A CARBON SHEET SPOT GLUED TO EACH SHEET FOR EASY REMOVAL WHEREAS THE LATTER REQUIRED THAT 100 SHEETS OF PAPER INTERLEAVED WITH 100 SHEETS OF CARBON PAPER BE PADDED TOGETHER TO MAKE A SINGLE PAD.

UPON DISPUTED QUESTIONS OF FACT BETWEEN THE ADMINISTRATIVE OFFICERS OF THE GOVERNMENT AND A CLAIMANT OR OTHER PERSON DEALING WITH THE GOVERNMENT, THE LONG-ESTABLISHED RULE OF THE ACCOUNTING OFFICERS IS TO ACCEPT THE STATEMENTS OF FACT FURNISHED BY THE ADMINISTRATIVE OFFICERS, IN THE ABSENCE OF EVIDENCE SUFFICIENT TO OVERCOME THE PRESUMPTION OF THE CORRECTNESS THEREOF. 16 COMP. GEN. 325; ID. 410. MOREOVER, IT SEEMS REASONABLE TO EXPECT THAT 100 FORMS AND 100 CARBON SHEETS PADDED TOGETHER AS IN THE INSTANT MATTER SHOULD BE CAPABLE OF BEING SEPARATED CLEANLY AND EASILY.

FOR THE REASONS ABOVE SET OUT, YOUR PROTEST AGAINST THE PROPOSED CHARGE AGAINST YOUR ACCOUNT BY THE GOVERNMENT PRINTING OFFICE IS DENIED.

WITH RESPECT TO YOUR REQUEST THAT THIS MATTER BE SUBMITTED TO THE COURT OF CLAIMS FOR CONSIDERATION, YOU ARE ADVISED THAT THERE IS NO PROVISION FOR SUCH SUBMISSION BY OUR OFFICE. HOWEVER, A CLAIMANT IS FREE TO BRING SUIT AGAINST THE UNITED STATES IN AN APPROPRIATE COURT.