B-127444, AUG. 17, 1956
Highlights
TO THE CHEMICAL SERVICE CORPORATION: REFERENCE IS MADE TO YOUR LETTER OF JULY 27. THE CONTENTIONS ADVANCED BY YOU HAVE BEEN CONSIDERED ON TWO PREVIOUS OCCASIONS WHEN THE CASE WAS REVIEWED AT YOUR REQUEST. IT MUST AGAIN BE CONCLUDED THAT ON THE RECORD BEFORE US THERE IS NO BASIS FOR IMPUTING TO THE GOVERNMENT ANY LIABILITY FOR THE REPORTED SHORTAGE. THE EXTENT OF THE ALLEGED SHORTAGE CLAIMED BY YOU IS PREDICATED UPON CONJECTURE OR SPECULATION. THE ACTION HERETOFORE TAKEN WILL NOT BE DISTURBED.
B-127444, AUG. 17, 1956
TO THE CHEMICAL SERVICE CORPORATION:
REFERENCE IS MADE TO YOUR LETTER OF JULY 27, 1956, PROTESTING THE ACTION TAKEN IN THE SETTLEMENT DATED FEBRUARY 29, 1956, DISALLOWING YOUR CLAIM FOR $169.52, ALLEGED TO BE DUE AS AN ADJUSTMENT IN THE PURCHASE PRICE, PLUS FREIGHT CHARGES PAID, COVERING A SHORTAGE OFBENZOL DELIVERED UNDER CONTRACT NO. O.I. 33-167-55-246S, DATED FEBRUARY 2, 1955.
THE CONTENTIONS ADVANCED BY YOU HAVE BEEN CONSIDERED ON TWO PREVIOUS OCCASIONS WHEN THE CASE WAS REVIEWED AT YOUR REQUEST, AND IT MUST AGAIN BE CONCLUDED THAT ON THE RECORD BEFORE US THERE IS NO BASIS FOR IMPUTING TO THE GOVERNMENT ANY LIABILITY FOR THE REPORTED SHORTAGE. MOREOVER, THE EXTENT OF THE ALLEGED SHORTAGE CLAIMED BY YOU IS PREDICATED UPON CONJECTURE OR SPECULATION, RATHER THAN ANY REASONABLE DEGREE OF EXACTNESS, WHICH ALSO PRECLUDES FAVORABLE CONSIDERATION.
SINCE YOUR LETTER PRESENTS NO PERTINENT FACTS OR EVIDENCE NOT PREVIOUSLY CONSIDERED, NOR ADVANCES ANY OTHER LEGAL BASIS WARRANTING FURTHER CONSIDERATION OF THE MATTER, THE ACTION HERETOFORE TAKEN WILL NOT BE DISTURBED.