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B-118929, JUN. 4, 1956

B-118929 Jun 04, 1956
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TO AL JONES OIL COMPANY: REFERENCE IS MADE TO OUR LETTER OF JUNE 28. WHEREIN YOU WERE ADVISED THAT HOUR CLAIM IN THE TOTAL AMOUNT OF $1. THAT YOU BE ACCORDED YOUR RIGHT TO APPEAL TO THE ADMINISTRATOR OF GENERAL SERVICES FROM THE DECISION OF THE CONTRACTING OFFICER IN THE EVENT SUCH DECISION WAS ADVERSE TO YOU. WHICH WAS UNFAVORABLE TO YOUR CLAIM IN ITS ENTIRETY. PROVIDED THAT ANY DISPUTE OF FACT ARISING THEREUNDER WAS TO BE DECIDED BY THE CONTRACTING OFFICER. WHOSE DECISION ON SUCH MATTERS WAS MADE FINAL AND CONCLUSIVE. THE DECISION RENDERED BY THE ADMINISTRATOR OF GENERAL SERVICES ON YOUR APPEAL IN ACCORDANCE WITH THE CONTRACTS IS FINAL INSOFAR AS CONCERNS THE FACTUAL CONCLUSIONS REACHED THEREIN "UNLESS THE SAME IS FRAUDULENT OR CAPRICIOUS OR ARBITRARY OR SO GROSSLY ERRONEOUS AS NECESSARILY TO IMPLY BAD FAITH.

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B-118929, JUN. 4, 1956

TO AL JONES OIL COMPANY:

REFERENCE IS MADE TO OUR LETTER OF JUNE 28, 1954, WHEREIN YOU WERE ADVISED THAT HOUR CLAIM IN THE TOTAL AMOUNT OF $1,267.27, ALLEGED TO BE DUE IN CONNECTION WITH DELIVERIES OF GASOLINE AND FUEL OIL IN THE STATES OF NEW MEXICO AND ARIZONA UNDER CONTRACTS GS-08S-1839, GS-08S 2481, GS-09S -2141 AND GS-09S-2531, HAD BEEN REFERRED TO THE GENERAL SERVICES ADMINISTRATION WITH THE REQUEST THAT YOU BE FURNISHED WITH A DECISION BY THE CONTRACTING OFFICER ON THE FACTUAL QUESTIONS RELATING TO THE MERITS OF YOUR CLAIM, AND THAT YOU BE ACCORDED YOUR RIGHT TO APPEAL TO THE ADMINISTRATOR OF GENERAL SERVICES FROM THE DECISION OF THE CONTRACTING OFFICER IN THE EVENT SUCH DECISION WAS ADVERSE TO YOU.

UNDER DATE OF OCTOBER 11, 1954, THE GENERAL SERVICES ADMINISTRATION TRANSMITTED TO US A COPY OF THE CONTRACTING OFFICER'S DECISION OF AUGUST 27, 1954, WHICH WAS UNFAVORABLE TO YOUR CLAIM IN ITS ENTIRETY, AND THE AGENCY ADVISED THAT YOU HAD APPEALED FROM SUCH DECISION TO THE ADMINISTRATOR OF GENERAL SERVICES. BY LETTER OF MAY 18, 1956, THE ADMINISTRATOR OF GENERAL SERVICES ADVISED US OF HIS DECISION THAT YOUR APPEAL BE GRANTED IN THE AMOUNT OF $112.82 AND DENIED IN THE AMOUNT OF $1,154.45.

AS INDICATED IN OUR LETTER OF JUNE 28, 1954, PARAGRAPH 21 OF THE GENERAL PROVISIONS FOR FEDERAL SUPPLY SCHEDULE CONTRACTS, MADE A PART OF THE CONTRACTS, PROVIDED THAT ANY DISPUTE OF FACT ARISING THEREUNDER WAS TO BE DECIDED BY THE CONTRACTING OFFICER, WHOSE DECISION ON SUCH MATTERS WAS MADE FINAL AND CONCLUSIVE, SUBJECT TO APPEAL TO THE ADMINISTRATOR OF GENERAL SERVICES. UNDER THE ACT OF MAY 11, 1954, 68 STAT. 81, THE DECISION RENDERED BY THE ADMINISTRATOR OF GENERAL SERVICES ON YOUR APPEAL IN ACCORDANCE WITH THE CONTRACTS IS FINAL INSOFAR AS CONCERNS THE FACTUAL CONCLUSIONS REACHED THEREIN "UNLESS THE SAME IS FRAUDULENT OR CAPRICIOUS OR ARBITRARY OR SO GROSSLY ERRONEOUS AS NECESSARILY TO IMPLY BAD FAITH, OR IS NOT SUPPORTED BY SUBSTANTIAL EVIDENCE.' UPON REVIEW OF THE RECORD WE FIND NONE OF THESE GROUNDS FOR REJECTION OF THE ADMINISTRATOR'S DECISION. AS INDICATED IN THE SUPPLEMENTAL REPORT MADE BY THE BOARD OF REVIEW, GENERAL SERVICES ADMINISTRATION, TO THE ADMINISTRATOR, WHICH SETS FORTH THE CONTENTIONS OF THE PARTIES AND THE BOARD'S RECOMMENDATION AS TO THE DISPOSITION OF YOUR APPEAL (DESIGNATED DOCKET NO. 253), THE LEGAL ISSUES INVOLVED IN YOUR CLAIM WERE DECIDED BY US IN A DECISION RENDERED TO THE ADMINISTRATOR OF GENERAL SERVICES UNDER DATE OF APRIL 10, 1956.

ACCORDINGLY, IT MUST BE HELD THAT NO BASIS EXISTS FOR PAYMENT TO YOU OF ANY AMOUNT IN EXCESS OF $112.82 ON ACCOUNT OF YOUR CLAIM. A CERTIFICATE AUTHORIZING PAYMENT IN THAT AMOUNT WILL ISSUE IN DUE COURSE, THE BALANCE OF THE CLAIM BEING HEREBY DISALLOWED.

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