B-145045, MAR. 1, 1961

B-145045: Mar 1, 1961

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TO AIRCRAFT AND ENGINE ENTERPRISES: REFERENCE IS MADE TO YOUR LETTER DATED DECEMBER 28. YOUR BID WAS ACCEPTED BY THE SUPPLY DEPARTMENT ON ITEMS NOS. 2 AND 173 ON AUGUST 27. THE PROPERTY WAS PICKED UP AND DELIVERED TO YOU BY THE PUBLIC STORAGE AND TRANSFER COMPANY. YOU FOUND THREE OBSOLETE BLADES WHICH WERE NOT THE BEA P/N 278-208-84 BLADES DESCRIBED IN THE INVITATION AND WHICH HAD NO VALUE TO YOU. THE CLAIM IS BASED ON A REFUND FOR THE THREE BLADES AT THE UNIT PRICE BID. THAT YOU INSPECTED ITEM NO. 173 AND FOUND ALL BLADES TO BE AS DESCRIBED IN THE INVITATION BUT THAT WHEN THE PROPERTY SUBSEQUENTLY WAS CHECKED OUT TO THE TRUCK DRIVER OF THE PUBLIC STORAGE AND TRANSFER COMPANY ALL OF THE BLADES WERE NOT THE BEA P/N 278-208-84 BLADES OFFERED FOR SALE.

B-145045, MAR. 1, 1961

TO AIRCRAFT AND ENGINE ENTERPRISES:

REFERENCE IS MADE TO YOUR LETTER DATED DECEMBER 28, 1960, REQUESTING REVIEW OF OUR SETTLEMENT DATED JULY 14, 1960, DISALLOWING YOUR CLAIM FOR $244 UNDER DEPARTMENT OF THE NAVY SALE CONTRACT NO. N204S-35741, DATED AUGUST 27, 1959.

IN RESPONSE TO INVITATION NO. B-3-60-204, ISSUED ON JULY 28, 1959, BY THE SUPPLY DEPARTMENT, U.S. NAVAL AIR STATION, PENSACOLA, FLORIDA, YOU SUBMITTED A BID OFFERING TO PURCHASE, AMONG OTHERS, ITEM NO. 173, COVERING 23 BLADE ASSEMBLIES, PROPELLER, AIRCRAFT, BEA P/N 278-208-84, TC., AT $79.89 EACH, OR FOR A TOTAL PRICE OF $1,837.47. YOUR BID WAS ACCEPTED BY THE SUPPLY DEPARTMENT ON ITEMS NOS. 2 AND 173 ON AUGUST 27, 1959, IN THE TOTAL AMOUNT OF $1,952.78, AND THE PROPERTY WAS PICKED UP AND DELIVERED TO YOU BY THE PUBLIC STORAGE AND TRANSFER COMPANY. UPON UNPACKING THE AIRCRAFT PROPELLER BLADES, COVERED BY ITEM NO. 173, YOU FOUND THREE OBSOLETE BLADES WHICH WERE NOT THE BEA P/N 278-208-84 BLADES DESCRIBED IN THE INVITATION AND WHICH HAD NO VALUE TO YOU. THE CLAIM IS BASED ON A REFUND FOR THE THREE BLADES AT THE UNIT PRICE BID.

YOU STATE IN YOUR LETTER OF DECEMBER 28, 1960, THAT YOU INSPECTED ITEM NO. 173 AND FOUND ALL BLADES TO BE AS DESCRIBED IN THE INVITATION BUT THAT WHEN THE PROPERTY SUBSEQUENTLY WAS CHECKED OUT TO THE TRUCK DRIVER OF THE PUBLIC STORAGE AND TRANSFER COMPANY ALL OF THE BLADES WERE NOT THE BEA P/N 278-208-84 BLADES OFFERED FOR SALE. CONTRARY TO YOUR STATEMENT, THERE IS IN THE RECORD BEFORE US A STATEMENT OF THE GOVERNMENT CONTRACTING OFFICER "THAT THE MATERIAL ADVERTISED FOR SALE WAS THE SAME MATERIAL DELIVERED.' THE CONTRACTING OFFICER ALSO STATES "THAT NO ERROR WAS MADE IN DELIVERY OF THE ITEM AS ADVERTISED FOR SALE.' UNDER CONDITIONS, SUCH AS THESE, WHERE THERE EXISTS COMPLETE DISAGREEMENT BETWEEN THE FACTS AS ADMINISTRATIVELY REPORTED AND THOSE STATED BY A CLAIMANT, THE FACTS AS ADMINISTRATIVELY REPORTED MUST BE ACCEPTED BY OUR OFFICE AS CONTROLLING THE DISPOSITION OF THE CLAIM IN THE ABSENCE OF EVIDENCE SUFFICIENT TO OVERCOME THE CORRECTNESS OF SUCH REPORTED FACTS. NO SUCH EVIDENCE HAS BEEN FURNISHED BY YOU.