B-149188, JUL. 11, 1962

B-149188: Jul 11, 1962

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THE 60 CHAINS YOU ALLEGE WERE IN FACT RECEIVED. YOU SUBMIT NO NEW EVIDENCE SUPPORTING YOUR ALLEGATION THAT ONLY 60 LINKS WERE RECEIVED. THE CONTRACTING OFFICER STATES THAT AFTER THE PROPERTY HAD BEEN LOADED AND WAS TO BE RECEIPTED FOR. YOU SAY THAT THE CONTRACTING OFFICER SHOULD HAVE COUNTED THE NUMBER OF PIECES YOU RECEIVED. THERE IS NOTHING IN THE CONTRACT WHICH IMPOSES THIS DUTY UPON THE CONTRACTING OFFICER. IN VIEW OF THE LIMITED NUMBER OF PERSONNEL AND THE FACT THAT LOADING WAS ESTIMATED TO REQUIRE THREE OR FOUR DAYS. WHILE YOU ALLEGE THAT BECAUSE OF THE METHOD USED TO HAYSTACK THE CHAIN INTO ONE LARGE PILE IT WAS IMPOSSIBLE TO COUNT THE NUMBER OF LINKS UNTIL AFTER DELIVERY. BARNHART'S STATEMENT WHEN HE WAS QUESTION AS TO WHETHER THE GOVERNMENT FAILED TO DELIVER THE QUANTITY ADVERTISED.

B-149188, JUL. 11, 1962

TO WASHINGTON CHAIN AND SUPPLY CO., INC.:

YOUR LETTER OF MAY 28, 1962, REQUESTS REVIEW OF OUR CLAIMS DIVISION SETTLEMENT DATED MAY 15, 1962, WHICH DISALLOWED YOUR CLAIM FOR $186.72, REPRESENTING THE DIFFERENCE OF THE UNIT PRICE VALUE BETWEEN THE 62 STEEL LINK CHAINS ADVERTISED FOR SALE BY THE MCCLELLAN AIR FORCE BASE, CALIFORNIA, IFB NO. 04-606-S-61-99, AND THE 60 CHAINS YOU ALLEGE WERE IN FACT RECEIVED.

YOU SUBMIT NO NEW EVIDENCE SUPPORTING YOUR ALLEGATION THAT ONLY 60 LINKS WERE RECEIVED. THE CONTRACTING OFFICER STATES THAT AFTER THE PROPERTY HAD BEEN LOADED AND WAS TO BE RECEIPTED FOR, HE ASKED YOUR REPRESENTATIVE, MR. BARNHART, IF HE HAD RECEIVED THE TOTAL AMOUNTS REFLECTED ON THE SHIPPING DOCUMENT. MR. BARNHART ANSWERED THAT HE HAD. NOTWITHSTANDING THE STATEMENT OF YOUR REPRESENTATIVE, YOU SAY THAT THE CONTRACTING OFFICER SHOULD HAVE COUNTED THE NUMBER OF PIECES YOU RECEIVED. THERE IS NOTHING IN THE CONTRACT WHICH IMPOSES THIS DUTY UPON THE CONTRACTING OFFICER, AND IN VIEW OF THE LIMITED NUMBER OF PERSONNEL AND THE FACT THAT LOADING WAS ESTIMATED TO REQUIRE THREE OR FOUR DAYS, WE SEE NO REASON TO CREATE SUCH A DUTY.

WHILE YOU ALLEGE THAT BECAUSE OF THE METHOD USED TO HAYSTACK THE CHAIN INTO ONE LARGE PILE IT WAS IMPOSSIBLE TO COUNT THE NUMBER OF LINKS UNTIL AFTER DELIVERY, IN VIEW OF MR. BARNHART'S STATEMENT WHEN HE WAS QUESTION AS TO WHETHER THE GOVERNMENT FAILED TO DELIVER THE QUANTITY ADVERTISED. IN ANY EVENT, THE BURDEN IS ON CLAIMANTS TO FURNISH EVIDENCE CLEARLY AND SATISFACTORILY ESTABLISHING THEIR CLAIMS (23 COMP. GEN. 907; 18 ID. 980; 17 ID. 831), AND THE RECORD, AS PRESENTED, DOES NOT ESTABLISH BY SATISFACTORY EVIDENCE THE LEGAL LIABILITY OF THE UNITED STATES FOR THE PAYMENT OF THE AMOUNT CLAIMED AND, IN THE ABSENCE OF SUCH EVIDENCE, OUR OFFICE IS WITHOUT AUTHORITY TO CERTIFY YOUR CLAIM FOR PAYMENT. SEE LONGWILL V. UNITED STATES, 17 CT.CL. 288; CHARLES V. UNITED STATES, 19 CT.CL. 316.