B-125304, OCT. 17, 1955

B-125304, OCT. 17, 1955

TO BUNTING STAMP COMPANY, INC.:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 20, 1955, REQUESTING RECONSIDERATION OF OUR DECISION OF SEPTEMBER 19, 1955, REGARDING SETTLEMENT DATED JULY 15, 1955, WHICH DISALLOWED YOUR CLAIM FOR REFUND OF THE DISCOUNT IN THE AMOUNT OF $157.50, DEDUCTED FROM YOUR INVOICE NO, 83097, DATED FEBRUARY 26, 1954, COVERING CERTAIN STEEL DIES FURNISHED THE DEPARTMENT OF THE ARMY, WATERTOWN ARSENAL, WATERTOWN, MASSACHUSETTS, UNDER PURCHASE ORDER NO. 54-1410, DATED SEPTEMBER 18, 1953.

YOU ADMIT IN YOUR LETTER THAT OUR SUMMARY OF YOUR CLAIM IS CORRECT, BUT CLAIM THAT YOUR MAIN POINT OF CONTENTION, NAMELY,"WE FIRMLY BELIEVE THAT THE DISCOUNT OF 20 PERCENT WHICH APPEARED ON YOUR COPY OF OUR QUOTATION WAS NOT TYPEWRITTEN IN OUR OFFICE," HAS BEEN ENTIRELY OVERLOOKED.

IN RESPONSE THERETO YOU ARE ADVISED THAT SUCH CONTENTION WAS NOT OVERLOOKED BUT ON THE CONTRARY, IT WAS GIVEN CAREFUL CONSIDERATION. POINTED OUT IN THE DECISION OF SEPTEMBER 19, 1955, THE ADMINISTRATIVE OFFICE REPORTED THAT YOUR OFFER WAS ACCEPTED WITHOUT NOTICE OF ERROR. THERE HAS BEEN NO SHOWING THAT THE CONTRACTING OFFICER SHOULD HAVE BEEN ON NOTICE OF PROBABLE ERROR. THE FACT REMAINS THAT THE DISCOUNT PROVISION ON YOUR OFFER WAS TYPED WITH THE SAME COLOR TYPEWRITER RIBBON (LIGHT BLUE) AS THE OTHER ITEMS ON THE PROPOSAL FORM. WHILE THE SITUATION HERE PRESENT IS UNIQUE, THE CIRCUMSTANCES ARE SUCH THE THE RESPONSIBILITY DEVOLVES UPON YOU TO ESTABLISH THE FACT THAT THE DISCOUNT OFFER OF TWENTY PERCENT WHICH APPEARED ON YOUR QUOTATION WAS NOT TYPED IN YOUR OFFICE. YOUR UNSUPPORTED STATEMENT TO THAT EFFECT IS NOT SUFFICIENT.

ACCORDINGLY, ON THE BASIS OF THE PRESENT RECORD, THE DECISION OF SEPTEMBER 19, 1955, IS AFFIRMED.