B-148631, MAY 18, 1962

B-148631, MAY 18, 1962

TO MR. GEORGES HIMPE:

REFERENCE IS MADE TO YOUR LETTER DATED APRIL 21, 1962, IN FURTHER REGARD TO THE CLAIM OF YOUR FIRM UNDER SALES CONTRACT NO. (61-745) S-61 420 WITH THE CONTRACT SALES BRANCH, BURTONWOOD SUBSISTENCE DEPOT (USAF), RAF STATION BURTONWOOD, MR. WARRINGTON, LANCASHIRE, ENGLAND, FOR THE PURCHASE OF CERTAIN GOVERNMENT SURPLUS PROPERTY.

IN YOUR LETTER YOU ADVISE THAT THE PROPERTY PURCHASED UNDER ITEM NO. 50 OF THE CONTRACT, HERE INVOLVED, HAS AGAIN BEEN REMOVED FROM THE GOVERNMENT DEPOT. YOU, THEREFORE, NOW PROPOSE THAT YOUR FIRM'S CLAIM BE SETTLED BY A REFUND OF $303, WHICH REPRESENTS THE DIFFERENCE BETWEEN ITS HIGH BID OF $403 AND THE NEXT HIGH BID OF $100 ON THE ITEM.

FOR THE SAME REASONS SET FORTH IN OUR DECISION OF MAY 10, 1962, TO YOU, THERE IS NO LEGAL BASIS FOR ALLOWING YOUR PRESENT CLAIM.