B-145400, JUL. 24, 1961
Highlights
INC: REFERENCE IS MADE TO YOUR LETTER DATED JULY 12. IT HAS BEEN POINTED OUT PREVIOUSLY TO YOU THAT BEFORE FAVORABLE CONSIDERATION COULD BE GIVEN YOUR CLAIM IT NOT ONLY WOULD BE NECESSARY THAT YOU FURNISH UNEQUIVOCAL PROOF THAT THE PROPERTY IN QUESTION WAS DAMAGED BY THE GOVERNMENT AFTER DELIVERY BUT. YOU HAVE FAILED TO FURNISH SUCH PROOF. THE ACTION TAKEN THEREIN IS REAFFIRMED. YOU ARE ADVISED THAT THERE IS NO OFFICIAL OF THIS OFFICE LOCATED NEAR YOU WITH WHOM YOU MIGHT DISCUSS THE MATTER. SUCH CLAIMS ARE DETERMINED STRICTLY ON THE WRITTEN RECORD.
B-145400, JUL. 24, 1961
TO MILL AND MINE SUPPLY COMPANY, INC:
REFERENCE IS MADE TO YOUR LETTER DATED JULY 12, 1961, IN WHICH YOU TAKE EXCEPTION TO OUR DECISION DATED JUNE 29, 1961, SUSTAINING OUR PREVIOUS DECISIONS DETERMINING THAT THERE HAS BEEN ESTABLISHED NO OBLIGATION ON THE PART OF THE UNITED STATES TO PAY FOR THE REPLACEMENT OF THE DAMAGED SCALE UNDER CONTRACT NO. DA-01-009-ORD-727, DATED FEBRUARY 20, 1959, WITH REDSTONE ARSENAL.
IT HAS BEEN POINTED OUT PREVIOUSLY TO YOU THAT BEFORE FAVORABLE CONSIDERATION COULD BE GIVEN YOUR CLAIM IT NOT ONLY WOULD BE NECESSARY THAT YOU FURNISH UNEQUIVOCAL PROOF THAT THE PROPERTY IN QUESTION WAS DAMAGED BY THE GOVERNMENT AFTER DELIVERY BUT, UNDER PARAGRAPH 6 OF THE GENERAL PROVISIONS OF THE CONTRACT, THAT SUCH DAMAGE RESULTED FROM THE NEGLIGENCE OF GOVERNMENT PERSONNEL ACTING WITHIN THE SCOPE OF THEIR EMPLOYMENT. YOU HAVE FAILED TO FURNISH SUCH PROOF.
ACCORDINGLY, SINCE NO NEW EVIDENCE OR INFORMATION HAS BEEN PRESENTED WHICH WOULD WARRANT A CONCLUSION DIFFERENT FROM THAT REACHED IN OUR PRIOR DECISIONS, THE ACTION TAKEN THEREIN IS REAFFIRMED.
WHILE YOU INDICATE THAT YOU WOULD LIKE TO DISCUSS THE CASE WITH SOMEONE LOCALLY, YOU ARE ADVISED THAT THERE IS NO OFFICIAL OF THIS OFFICE LOCATED NEAR YOU WITH WHOM YOU MIGHT DISCUSS THE MATTER. FURTHERMORE, SUCH CLAIMS ARE DETERMINED STRICTLY ON THE WRITTEN RECORD.