B-151237, MAY 29, 1963

B-151237: May 29, 1963

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WE HAVE ALSO RECEIVED YOUR LETTER OF MAY 21. ALLEGES THE ABOVE CONTRACT SHOULD HAVE BEEN RESCINDED BECAUSE FRAUD. OR MISREPRESENTATION WAS THE CAUSE OF DESCRIBING THE PIECES OF "MORSE 50 ROLLER CHAINS" IN INVITATION NO. 25-S- 63-62. AS "ROLLER" WHEN ACTUALLY THEY WERE OF A "SPROCKET" TYPE. WE HAVE REVIEWED OUR RECORDS AND WE FIND NO EVIDENCE THAT THE ABOVE MISDESCRIPTION RESULTED FROM BAD FAITH. THERE IS NO EVIDENCE IN YOUR LETTER TO SUPPORT YOUR ALLEGATION. OUR FINDING THAT THE MISDESCRIPTION RESULTED FROM AN HONEST MISTAKE WHICH IS COMPLETELY COVERED BY THE DISCLAIMER OF WARRANTY CLAUSE IS SUSTAINED AND OUR DECISION B- 151237. IS AFFIRMED. YOU ARE ADVISED THAT SINCE THE GENERAL ACCOUNTING OFFICE IS NOT A PART OF THE JUDICIAL SYSTEM WE DO NOT TRANSFER CASES TO COURT.

B-151237, MAY 29, 1963

TO MR. RAYMOND S. GROBAN:

WE REFER TO YOUR LETTER OF MAY 8, 1963, IN WHICH YOU REQUEST THAT WE REVIEW OUR DECISION B-151237, MAY 1, 1963, IN WHICH WE DENIED RESCISSION OF CONTRACT NO. DSA-25-S-1931, DATED JANUARY 22, 1963, COVERING THE SALE BY THE GOVERNMENT OF 417 SLING ASSEMBLIES FOR THE AGGREGATE AMOUNT OF $2,351.88. WE HAVE ALSO RECEIVED YOUR LETTER OF MAY 21, 1963, REQUESTING THAT YOUR ENCLOSED LETTER, SENT TO THE SURPLUS SALES OFFICE, NORFOLK, VIRGINIA, ON MAY 21, 1963, BE INCLUDED IN OUR FILES.

YOUR LETTER OF MAY 8, 1963, ALLEGES THE ABOVE CONTRACT SHOULD HAVE BEEN RESCINDED BECAUSE FRAUD, BAD FAITH, OR MISREPRESENTATION WAS THE CAUSE OF DESCRIBING THE PIECES OF "MORSE 50 ROLLER CHAINS" IN INVITATION NO. 25-S- 63-62, DATED DECEMBER 26, 1962, AS "ROLLER" WHEN ACTUALLY THEY WERE OF A "SPROCKET" TYPE. WE HAVE REVIEWED OUR RECORDS AND WE FIND NO EVIDENCE THAT THE ABOVE MISDESCRIPTION RESULTED FROM BAD FAITH, FRAUD OR MISREPRESENTATION AS YOU ASSERT, AND THERE IS NO EVIDENCE IN YOUR LETTER TO SUPPORT YOUR ALLEGATION. ACCORDINGLY, OUR FINDING THAT THE MISDESCRIPTION RESULTED FROM AN HONEST MISTAKE WHICH IS COMPLETELY COVERED BY THE DISCLAIMER OF WARRANTY CLAUSE IS SUSTAINED AND OUR DECISION B- 151237, MAY 1, 1963, IS AFFIRMED.

IN REGARD TO YOUR REQUEST THAT WE TRANSFER YOUR CASE TO THE PROPER COURT WITH JURISDICTION, YOU ARE ADVISED THAT SINCE THE GENERAL ACCOUNTING OFFICE IS NOT A PART OF THE JUDICIAL SYSTEM WE DO NOT TRANSFER CASES TO COURT. YOU ARE ADVISED THAT THE COURT OF CLAIMS HAS JURISDICTION TO CONSIDER AND DETERMINE CONTRACT CLAIMS AGAINST THE UNITED STATES IF FILED THERE WITHIN SIX YEARS AFTER SUCH CLAIM FIRST ACCRUES. ALSO, THE DISTRICT COURTS OF THE UNITED STATES HAVE SIMILAR JURISDICTION.