B-159316, JUL. 20, 1966

B-159316: Jul 20, 1966

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

MATZKIN AND DAY: WE HAVE RECEIVED AN ADMINISTRATIVE REPORT FROM THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION. A COPY OF THE COVER LETTER TO THAT REPORT IS ENCLOSED HEREWITH. SINCE THERE IS NO PRIVITY OF CONTRACT BETWEEN YOUR CLIENT AND THE GOVERNMENT.

B-159316, JUL. 20, 1966

TO ROSS, STARK, MATZKIN AND DAY:

WE HAVE RECEIVED AN ADMINISTRATIVE REPORT FROM THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION, DATED JUNE 30, 1966, RESPONDING TO CERTAIN MATTERS WHICH YOU RAISED CONCERNING CONTRACT NO. NAS3-3210 PB BETWEEN THAT AGENCY AND VITRO CORPORATION OF AMERICA. A COPY OF THE COVER LETTER TO THAT REPORT IS ENCLOSED HEREWITH.

FROM THE FACTS RECITED IN THE SUBJECT REPORT, THE MATTER WOULD APPEAR TO INVOLVE A PRIVATE CONTROVERSY BETWEEN VITRO AND YOUR CLIENT, AJAX MAGNETHERMIC CORPORATION, A SUBCONTRACTOR OF VITRO, OVER THE CAUSE FOR THE FAILURE OF THE ITEM BEING PROCURED TO MEET SPECIFICATIONS. IN VIEW THEREOF, AND SINCE THERE IS NO PRIVITY OF CONTRACT BETWEEN YOUR CLIENT AND THE GOVERNMENT, WE FIND NO PRESENT GROUNDS FOR OBJECTING TO PAYMENT BY THE GOVERNMENT TO VITRO IN ACCORDANCE WITH ITS CONTRACT, AS AMENDED TO REDUCE THE CONTRACT PRICE BECAUSE OF VITRO'S INABILITY TO DELIVER A PRODUCT CONFORMING TO SPECIFICATIONS.