B-153583, MAY 22, 1964
Highlights
TO CHEMICAL SERVICE CORPORATION: REFERENCE IS MADE TO YOUR LETTER DATED MAY 4. WHICH GENERALLY GUARANTEES THAT THE PROPERTY OFFERED FOR SALE WILL CONFORM TO THE DESCRIPTION SET FORTH IN THE INVITATION AND WHICH ALLOWS THE PURCHASER RESCISSION OR AN EQUITABLE ADJUSTMENT IN THE EVENT OF A PROVEN MISDESCRIPTION. THE AFORE-DESCRIBED "SPECIAL CONDITION" CONSTITUTES A RECENT EXPERIMENTAL INNOVATION ON THE PART OF THE DEFENSE SUPPLY AGENCY WHICH IS BEING TRIED OUT ON A SELECTIVE BASIS FOR THE PURPOSE OF ASCERTAINING ITS FEASIBILITY FOR USE IN CONNECTION WITH THE DEFENSE DEPARTMENT'S LARGE DISPOSAL PROGRAM. THIS ATTEMPT IS BEING MADE IN THE WAKE OF CRITICISMS LEVELLED AGAINST THE PROPERTY DISPOSAL GROUND RULES IN ORDER TO ASCERTAIN WHETHER A MORE LIBERAL APPROACH TO THE PROBLEM OF INADVERTENT MISDESCRIPTION WOULD BE WORKABLE.
B-153583, MAY 22, 1964
TO CHEMICAL SERVICE CORPORATION:
REFERENCE IS MADE TO YOUR LETTER DATED MAY 4, 1964, FURTHER PROTESTING OUR REJECTION OF YOUR REQUEST FOR ADJUSTMENT OF PRICE UNDER SALES CONTRACT NO. DSA-46-S-1859.
YOU ENCLOSE A DOCUMENT ENTITLED "SPECIAL CONDITION - GUARANTEED DESCRIPTIONS" TAKEN FROM SALES INVITATION NO. 27-S-64-63, AN INVITATION NOT INVOLVED IN THE SALE IN POINT, WHICH GENERALLY GUARANTEES THAT THE PROPERTY OFFERED FOR SALE WILL CONFORM TO THE DESCRIPTION SET FORTH IN THE INVITATION AND WHICH ALLOWS THE PURCHASER RESCISSION OR AN EQUITABLE ADJUSTMENT IN THE EVENT OF A PROVEN MISDESCRIPTION.
THE AFORE-DESCRIBED "SPECIAL CONDITION" CONSTITUTES A RECENT EXPERIMENTAL INNOVATION ON THE PART OF THE DEFENSE SUPPLY AGENCY WHICH IS BEING TRIED OUT ON A SELECTIVE BASIS FOR THE PURPOSE OF ASCERTAINING ITS FEASIBILITY FOR USE IN CONNECTION WITH THE DEFENSE DEPARTMENT'S LARGE DISPOSAL PROGRAM. THIS ATTEMPT IS BEING MADE IN THE WAKE OF CRITICISMS LEVELLED AGAINST THE PROPERTY DISPOSAL GROUND RULES IN ORDER TO ASCERTAIN WHETHER A MORE LIBERAL APPROACH TO THE PROBLEM OF INADVERTENT MISDESCRIPTION WOULD BE WORKABLE.
THE INVITATION IN THE PRESENT CASE DID NOT CONTAIN THE SPECIAL CONDITIONS AND THEREFORE WE HAVE NO ALTERNATIVE BUT TO APPLY THE PREVAILING RULES AND TO REAFFIRM OUR DECISION ON THE MATTER.