B-127383, APR. 5, 1956

B-127383, APR. 5, 1956

TO HONORABLE RAYMOND BLATTENBERGER, PUBLIC PRINTER:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 22, 1956, WITH ENCLOSURES, SUBMITTING A VOUCHER IN FAVOR OF THE CRAFTSMAN PRESS, INC., 415 ELEVENTH STREET, S.W., WASHINGTON 24, D.C., UNDER CONTRACT NO. GP 19052-A, AND REQUESTING A DECISION AS TO WHETHER PAYMENT MAY BE MADE FOR THE BANDING CHARGES INCLUDED.

IN OCTOBER 1955, THE GOVERNMENT PRINTING OFFICE ENTERED INTO A CONTRACT FOR THE PERIOD NOVEMBER 1, 1955, THROUGH OCTOBER 31, 1956, WITH CRAFTSMAN PRESS, INC., FOR THE PRINTING, BINDING, BANDING, PACKAGING, ETC., OF MILITARY STANDARD DRAWINGS TO BE ORDERED FOR THE DEPARTMENT OF THE ARMY. THE CONTRACT PROVIDES FOR A MONTHLY PURCHASE ORDER TO BE ISSUED TO THE CONTRACTOR, WHICH ORDER IS TO BE SUPPLEMENTED BY A PRINT ORDER, FOR EACH JOB, WHICH WOULD INDICATE THE QUANTITY TO BE PRODUCED AND ANY OTHER INFORMATION PERTINENT TO THE PARTICULAR ISSUE.

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

IN A LETTER DATED FEBRUARY 24, 1956, THE CONTRACTOR STATES IT WAS ITS INTERPRETATION THAT ALL SHEETS OVER ONE SHEET ARE TO BE BANDED TO INCLUDE A SEPARATOR AND THAT ACCORDING TO PRINT ORDERS NOS. 57, 58, AND 59, THEY WERE INSTRUCTED TO "GATHER AND WRAP IN ACCORDANCE WITH SUPPLEMENT 1 OF THE CONTRACT.' THE CONTRACTOR STATED FURTHER THAT THESE PRINT ORDERS WERE FINISHED UNDER SUBCONTRACT BY THE GRAPHIC ARTS FINISHING COMPANY AND THAT THIS FIRM INSISTS THAT IT SHOULD BE PAID FOR BANDING EACH SET AS INSTRUCTED IN THE CONTRACT.

IN YOUR LETTER YOU STATE THAT SINCE THE CONTRACT PROVIDED FOR THE DRAWINGS TO BE BANDED IN SETS IN EVEN UNITS AS INDICATED ON THE PRINT ORDER, YOU FEEL THAT THE GOVERNMENT PRINTING OFFICE WAS AT FAULT IN NOT CARRYING SUCH INFORMATION ON THE PRINT ORDER. IT IS FURTHER STATED THAT SINCE THE GOVERNMENT PRINTING OFFICE FAILED TO INCLUDE THE BANDING SPECIFICATIONS ON THE PRINT ORDERS, AND SINCE THE PRINT ORDERS CARRIED THE STATEMENT THAT THE DRAWINGS WOULD BE GATHERED AND WRAPPED IN ACCORDANCE WITH SUPPLEMENT 1 OF THE CONTRACT AND SAID SUPPLEMENT DOES NOT PROVIDE FOR THE EXACT NUMBER OF SETS TO BE INCLUDED IN EACH BAND, YOU BELIEVE THAT THE CONTRACTOR SHOULD BE PAID FOR THE WORK.

ALTHOUGH THE CONTRACTOR (OR ITS SUBCONTRACTOR) MIGHT REASONABLY HAVE REQUESTED A CLARIFICATION OF THE SPECIFICATIONS PERTAINING TO THE BANDING INSTRUCTIONS REQUIRED FOR PRINT ORDERS NOS. 57, 58, AND 59, THE CONTRACT DID CALL FOR BANDING AND THE GOVERNMENT WAS AT FAULT IN NOT INDICATING THE BANDING SPECIFICATIONS ON THE PRINT ORDERS, IF BANDING WAS DESIRED ONLY OF GROUPS OF SEVERAL UNITS RATHER THAN OF EACH UNIT. IN THE CIRCUMSTANCES, IT WOULD APPEAR INEQUITABLE TO DENY PAYMENT FOR THE WORK ACTUALLY PERFORMED UNDER PRINT ORDERS NOS. 57, 58, AND 59.

ACCORDINGLY, PAYMENT FOR THE BANDING, INCLUDED IN THE VOUCHER SUBMITTED WITH YOUR LETTER, IS AUTHORIZED TO BE MADE TO THE CRAFTSMAN PRESS, INC., IF OTHERWISE CORRECT.

A REFERENCE TO THIS DECISION SHOULD BE MADE ON THE VOUCHER.