B-143858, SEP. 20, 1960

B-143858, SEP. 20, 1960

TO TAYLOREEL CORPORATION:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 18, 1960, IN THE NATURE OF A REQUEST FOR REVIEW OF OUR SETTLEMENT DATED JULY 26, 1960, WHICH, FOR THE REASONS STATED THEREIN, DISALLOWED YOUR CLAIM FOR PAYMENT OF $358.80,REPRESENTING SIX PERCENT DELINQUENCY PAYMENT CHARGES ALLEGED TO BE DUE YOU UNDER CONTRACT NO. 6018, DATED JANUARY 14, 1960.

YOUR REQUEST FOR REVIEW SEEMS TO BE BASED ON THE CONTENTION THAT YOUR PRINTED INVOICE CONTAINING THE PROVISION "TERMS: * * * 6 PERCENT INT. ADDED AFTER 30 DAYS" IS A PART OF THE CONTRACT.

IT IS FUNDAMENTAL THAT THE RIGHTS AND LIABILITIES OF THE PARTIES UNDER A PARTICULAR CONTRACT ARE LIMITED TO THE TERMS AND CONDITIONS CONTAINED IN THE WRITTEN CONTRACT. NEITHER THE BID INVITATION, YOUR BID SUBMITTED IN RESPONSE THERETO, NOR THE CONTRACT BASED THEREON, CONTAIN ANY SUCH PROVISION FOR THE PAYMENT OF INTEREST. YOU DO NOT ALLEGE, AND THE RECORD DOES NOT INDICATE, THAT ANY SUCH AGREEMENT WAS ENTERED INTO BETWEEN YOU AND THE CONTRACTING OFFICER AT THE TIME THE CONTRACT WAS EXECUTED. THEREFORE, THE ABOVE-QUOTED PROVISION ON YOUR INVOICE MAY NOT BE CONSTRUED AS A PART OF THE CONTRACT. FURTHERMORE, AS YOU HAVE BEEN ADVISED, THE UNITED STATES IS NOT LIABLE FOR INTEREST ON OBLIGATIONS EXCEPT WHERE STIPULATED IN CONTRACTS OR WHERE AUTHORIZED BY LAW.

ACCORDINGLY, AND SINCE THERE IS NOTHING CONTAINED IN THE LETTER OF AUGUST 18, 1960, WHICH WAS NOT CONSIDERED PREVIOUSLY, THERE IS NO LEGAL BASIS FOR ALLOWING YOUR CLAIM, AND THE SETTLEMENT OF ..END :