B-142268, JUL. 14, 1960
Highlights
TO TULSA ARMY AND NAVY STORE: RECEIPT IS ACKNOWLEDGED OF YOUR LETTER DATED JUNE 22. IN YOUR LETTER YOU AGAIN ACKNOWLEDGE THE FACT THAT THERE IS NO LEGAL BASIS FOR YOUR CLAIM. THAT IN MOST OF THE CASES THE PROPERTY IS PACKED FOR SHIPMENT. AS WE HAVE PREVIOUSLY ADVISED. THERE IS NO BASIS UPON WHICH RELIEF MAY BE GRANTED AS TO ANY PART OF YOUR CLAIM. YOU HAVE THE RIGHT. " SUCH AS WERE APPLICABLE UNDER YOUR CONTRACT. YOU PREVIOUSLY HAVE BEEN ADVISED. WHICH POSSIBLY COULD EXIST AND MAKE A CHOICE OF EITHER SUBMITTING A BID ON THE BASIS THAT THEY WILL HAVE TO ASSUME ANY RISK WHICH MIGHT RESULT BY REASON OF THE PROPERTY NOT CORRESPONDING IN EVERY DETAIL WITH THE DESCRIPTION SHOWN.
B-142268, JUL. 14, 1960
TO TULSA ARMY AND NAVY STORE:
RECEIPT IS ACKNOWLEDGED OF YOUR LETTER DATED JUNE 22, 1960, IN FURTHER REFERENCE TO OUR DECISION OF APRIL 1, 1960, AFFIRMED ON MAY 6, 1960, REGARDING YOUR CLAIM FOR $655.61 UNDER DEPARTMENT OF THE NAVY CONTRACT NO. N228S-42834.
IN YOUR LETTER YOU AGAIN ACKNOWLEDGE THE FACT THAT THERE IS NO LEGAL BASIS FOR YOUR CLAIM. HOWEVER, YOU REFER TO THE MATTER OF INSPECTING SURPLUS PROPERTY OFFERED FOR SALE BY THE GOVERNMENT IN TRANSACTIONS OF THIS KIND, POINTING OUT THAT IN MANY CASES IT DOES NOT PAY BIDDERS TO SPEND MONEY TO MAKE INSPECTIONS; ALSO, THAT IN MOST OF THE CASES THE PROPERTY IS PACKED FOR SHIPMENT, AND UNDER SUCH CIRCUMSTANCES, YOU IMPLY THAT IT BECOMES IMPRACTICAL, IF NOT IMPOSSIBLE, TO MAKE A THOROUGH INSPECTION. YOU MAKE INQUIRY AS TO YOUR CHANCES FOR THE FURTHER PROSECUTION OF THE CLAIM TO A SUCCESSFUL CONCLUSION.
IN VIEW OF YOUR ADMISSION AS TO THE LACK OF A LEGAL BASIS FOR YOUR CLAIM AND SINCE, AS WE HAVE PREVIOUSLY ADVISED, OUR OFFICE HAS NO EQUITABLE JURISDICTION OR COMPROMISE AUTHORITY, THERE IS NO BASIS UPON WHICH RELIEF MAY BE GRANTED AS TO ANY PART OF YOUR CLAIM. IF YOU STILL FEEL YOUR CLAIM HAS MERIT AND THAT IT MAY BE DISTINGUISHED FROM THE CONTROLLING COURT CASES CITED IN OUR DECISION DATED APRIL 1, 1960, YOU HAVE THE RIGHT, OF COURSE, TO BRING SUIT AGAINST THE UNITED STATES IN THE MATTER.
FOR YOUR FUTURE GUIDANCE IN SUBMITTING BIDS ON GOVERNMENT SURPLUS PROPERTY WE WOULD LIKE TO ADD THAT UNDER ANY INVITATION CONTAINING THE USUAL PROVISIONS AS TO "INSPECTION" AND "CONDITION OF THE PROPERTY," SUCH AS WERE APPLICABLE UNDER YOUR CONTRACT, THERE EXIST NO CONDITIONS UNDER WHICH IT MAY BE HELD THAT THE GOVERNMENT GUARANTEES THE PROPERTY SOLD. YOU PREVIOUSLY HAVE BEEN ADVISED, THE GOVERNMENT EXPRESSLY DISCLAIMS, UNDER SUCH PROVISIONS, ALL WARRANTIES, GUARANTIES, ETC., PERTAINING TO ANY OF THE DESCRIPTIVE MATERIAL SET FORTH IN THE INVITATION AS TO THE PROPERTY TO BE SOLD. IT NECESSARILY FOLLOWS THAT ALL BIDDERS SHOULD CAREFULLY CONSIDER ANY INSPECTION DISADVANTAGES, SUCH AS YOU REFER TO, WHICH POSSIBLY COULD EXIST AND MAKE A CHOICE OF EITHER SUBMITTING A BID ON THE BASIS THAT THEY WILL HAVE TO ASSUME ANY RISK WHICH MIGHT RESULT BY REASON OF THE PROPERTY NOT CORRESPONDING IN EVERY DETAIL WITH THE DESCRIPTION SHOWN, OR ELECT NOT TO SUBMIT A BID AT ALL UNDER SUCH CIRCUMSTANCES.