B-147018, MAR. 23, 1962

B-147018, MAR. 23, 1962

TO BELVISION, INCORPORATED:

RECEIPT IS ACKNOWLEDGED OF YOUR LETTER DATED MARCH 3, 1962, REQUESTING FURTHER CONSIDERATION OF OUR DECISION DATED SEPTEMBER 20, 1961, SUSTAINING THE DISALLOWANCE OF YOUR CLAIM FOR $4,000 UNDER CONTRACT NO. DA (S) 92-557 -FEC-18861, AS MODIFIED, CONCERNING THE PURCHASE BY YOU OF CERTAIN SURPLUS PROPERTY FROM THE UNITED STATES ARMY QUARTERMASTER CENTER, TOKYO, JAPAN.

IN YOUR LETTER OF MARCH 3, 1962, YOU REITERATE YOUR PREVIOUS

CONTENTION THAT UNDER ITEM NO. 3 OF THE INVITATION YOU BID UPON AND PAID FOR ONE LOT OF APPROXIMATELY 87,843 UNUSED MISCELLANEOUS ELECTRONIC TUBES BUT THAT YOU RECEIVED ONLY 9,200 OF THESE TUBES WHICH COULD NOT BE CONSIDERED AS AN APPROXIMATION OF THE TOTAL NUMBER OF TUBES SET FORTH IN THE LOT. ALSO, YOU REFER TO A SIGNED CERTIFICATION OF A VENDOR'S COPY OF A DOCUMENT AND A REPORT OF A SURVEY BY THE LLOYDS OF LONDON TO AGAIN SHOW THAT THERE WERE WEIGHT DISCREPANCIES INVOLVED IN THE DELIVERY OF THE TUBES.

SINCE THE FACTS PERTAINING TO THE CLAIM WERE SET FORTH IN COMPLETE DETAIL IN OUR DECISION TO YOU DATED SEPTEMBER 20, 1961, THERE IS NO NEED TO REPEAT THEM HERE.

THE CLAIM ORIGINALLY WAS DISALLOWED IN GENERAL ACCOUNTING OFFICE SETTLEMENT DATED APRIL 17, 1959, AND THAT DISALLOWANCE WAS SUSTAINED BY OUR DECISION OF SEPTEMBER 20, 1961. IN EACH OF THESE ACTIONS THERE WERE FULLY CONSIDERED ALL PERTINENT FACTS ATTENDING THE CLAIM AS WELL AS ALL OF THE CONTENTIONS ADVANCED BY YOU. IN OUR DECISION DATED SEPTEMBER 20, 1961, TO YOU, IT WAS EXPLAINED THAT BOTH THE GOVERNMENT PROPERTY DISPOSAL OFFICER AT THE SITE AND HIS ASSISTANT HAD STATED THAT AFTER ITS RECEIPT AT THE DISPOSAL YARD AND THE LOT OF MATERIAL HERE INVOLVED WAS STORED UNDER COVER IN ONE LOT AND WAS NOT DISTURBED OR MOVED BY ANY PERSON UNTIL DELIVERY WAS MADE TO AN ACCEPTED BY YOUR AGENT MR. H. K. TASAKI ON JANUARY 27, 1958. IT ALSO WAS STATED IN THE DECISION THAT SINCE THE ELECTRONIC TUBES WERE FORWARDED TO YOU AS ONE LOT UNDER AN INVITATION CONTAINING THE USUAL "DISCLAIMER OF WARRANTY" CLAUSE THE WEIGHT OF THE MATERIAL IS NOT FOR CONSIDERATION. YOUR ATTENTION ALSO WAS CALLED TO THE FACT THAT THERE WAS NOTHING IN THE RECORD TO INDICATE THAT ANY SHORTAGE WHICH MAY HAVE EXISTED IN THE DELIVERY TO YOU OCCURRED THROUGH ANY ACT OR FAULT OF GOVERNMENT PERSONNEL CONNECTED WITH THE SALE, AND OF THE EXISTING POSSIBILITY THAT ANY SUCH SHORTAGE MIGHT HAVE OCCURRED IN STORAGE OR REPACKAGING BY YOUR AGENT AFTER DELIVERY TO HIM BY THE GOVERNMENT.

IN VIEW OF THE FOREGOING, AND SINCE YOU HAVE PRESENTED NO NEW MATERIAL EVIDENCE, OUR DECISION OF SEPTEMBER 20, 1961, IS AFFIRMED.