B-173980, JAN 13, 1972
Highlights
SUBMITTING A CLAIM IN THE AMOUNT OF $660 WHICH YOU ALLEGE IS DUE TO YOU BY REASON OF THE GOVERNMENT'S INABILITY TO DELIVER THE QUANTITY OF PROPERTY UNDER THE CONTRACT AWARDED TO YOU FOR ITEM NO. 60 UNDER INVITATION FOR BIDS 27-1153- 026. WE HAVE RECEIVED YOUR COPY OF OUR DECISION B-173980. ON WHICH YOU HAVE WRITTEN "APPEAL" AND "WILL NOT SETTLE FOR THIS.". WE PRESUME FROM THIS THAT YOU ARE REQUESTING THAT OUR OFFICE RECONSIDER YOUR PROTEST. ALTHOUGH YOU HAVE SUBMITTED NO OTHER BASIS FOR A RECONSIDERATION. THE GENERAL ACCOUNTING OFFICE RENDERS DECISIONS IN THE FIELD OF GOVERNMENT PROCUREMENT AS PART OF ITS AUTHORITY TO DETERMINE WHETHER THE EXPENDITURES OF APPROPRIATED FUNDS ARE LEGAL. OUR OFFICE DOES NOT HAVE FACILITIES FOR CONDUCTING ADVERSARY HEARINGS COMPELLING TESTIMONY AND CROSS-EXAMINATION OF WITNESSES TO RESOLVE CONTRACTUAL DISPUTES.
B-173980, JAN 13, 1972
CONTRACTS - RECONSIDERATION OF CLAIM DECISION AFFIRMING THE DENIAL OF A CLAIM CONCERNING THE GOVERNMENT'S INABILITY TO DELIVER A QUANTITY OF PROPERTY AS REQUIRED BY A CONTRACT AWARDED TO BILL'S SALVAGE CO. UNDER AN IFB ISSUED BY THE DEFENSE SURPLUS SALES OFFICE, COLUMBUS, OHIO. IN THE ABSENCE OF ANY FURTHER EVIDENCE IN SUPPORT OF THE REQUEST FOR RECONSIDERATION, THE COMP. GEN. MUST AFFIRM THE PREVIOUS DENIAL.
TO BILL'S SALVAGE CO.:
WE REFER TO YOUR LETTER OF AUGUST 26, 1971, WITH ENCLOSURES, SUBMITTING A CLAIM IN THE AMOUNT OF $660 WHICH YOU ALLEGE IS DUE TO YOU BY REASON OF THE GOVERNMENT'S INABILITY TO DELIVER THE QUANTITY OF PROPERTY UNDER THE CONTRACT AWARDED TO YOU FOR ITEM NO. 60 UNDER INVITATION FOR BIDS 27-1153- 026, ISSUED BY THE DEFENSE SURPLUS SALES OFFICE, COLUMBUS, OHIO.
WE HAVE RECEIVED YOUR COPY OF OUR DECISION B-173980, DECEMBER 9, 1971, DENYING THE CLAIM, ON WHICH YOU HAVE WRITTEN "APPEAL" AND "WILL NOT SETTLE FOR THIS." WE PRESUME FROM THIS THAT YOU ARE REQUESTING THAT OUR OFFICE RECONSIDER YOUR PROTEST, ALTHOUGH YOU HAVE SUBMITTED NO OTHER BASIS FOR A RECONSIDERATION.
THE GENERAL ACCOUNTING OFFICE RENDERS DECISIONS IN THE FIELD OF GOVERNMENT PROCUREMENT AS PART OF ITS AUTHORITY TO DETERMINE WHETHER THE EXPENDITURES OF APPROPRIATED FUNDS ARE LEGAL. IN PERFORMING THIS WORK, OUR OFFICE DOES NOT HAVE FACILITIES FOR CONDUCTING ADVERSARY HEARINGS COMPELLING TESTIMONY AND CROSS-EXAMINATION OF WITNESSES TO RESOLVE CONTRACTUAL DISPUTES, BUT DECISIONS ARE RENDERED ON THE BASIS OF THE WRITTEN RECORD PRESENTED BY INTERESTED PARTIES. FURTHERMORE, THESE DECISIONS ARE SUBJECT TO RECONSIDERATION UPON PRESENTATION OF EVIDENCE THAT THE DECISION IS BASED UPON ERROR IN LAW OR FACT. SEE B 132740, AUGUST 18, 1971.
AFTER REVIEWING THE GROUNDS FOR THE ORIGINAL DENIAL OF YOUR CLAIM AND IN THE ABSENCE OF OTHER EVIDENCE OR ARGUMENTS IN SUPPORT OF YOUR REQUEST FOR RECONSIDERATION, WE MUST CONCLUDE THAT THE DECISION DENYING YOUR CLAIM WAS CORRECT.