B-149490, AUG. 27, 1962

B-149490: Aug 27, 1962

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WE HAVE BEEN ASSURED BY THE COMMISSIONER. THAT THE AGENCY WILL INSIST UPON STRICT COMPLIANCE WITH THE CONTRACT AND WILL NOT ACCEPT ANY WORK NOT MEETING THE SPECIFICATIONS.

B-149490, AUG. 27, 1962

TO ESTEY CORPORATION:

AFTER RECEIVING YOUR LETTER OF JULY 17, 1962, CALLING OUR ATTENTION TO THE POSSIBILITY THAT THE SPECIFICATIONS PRESCRIBED IN CONTRACT NO. GS-R3-B -13007 TO FURNISH AND INSTALL BOOK STACKS IN THE SMITHSONIAN INSTITUTION MAY NOT BE FOLLOWED, WE TOOK THE MATTER UP WITH THE GENERAL SERVICES ADMINISTRATION, WHICH HAS THE RESPONSIBILITY FOR THE PROCUREMENT. WE HAVE BEEN ASSURED BY THE COMMISSIONER, PUBLIC BUILDINGS SERVICE, THAT THE AGENCY WILL INSIST UPON STRICT COMPLIANCE WITH THE CONTRACT AND WILL NOT ACCEPT ANY WORK NOT MEETING THE SPECIFICATIONS.

AS A MATTER OF LAW, THE GOVERNMENT HAS A VESTED RIGHT TO PERFORMANCE IN STRICT ACCORDANCE WITH THE TERMS OF THE SPECIFICATIONS. ACCEPTANCE OF ANYTHING LESS THAN SUCH PERFORMANCE WITHOUT AN ADEQUATE CONSIDERATION FLOWING TO THE GOVERNMENT WOULD REPRESENT AN UNAUTHORIZED ACT BY A GOVERNMENT OFFICE. WE SHALL, OF COURSE, TAKE EXCEPTION TO ANY SUCH UNAUTHORIZED ACT COMING WITHIN OUR PURVIEW.