B-130567, FEB. 19, 1957
Highlights
YOUR SUBMISSION STATES THAT THE 59 ANIMALS IN QUESTION WERE A PART OF THREE DELIVERIES MADE AGAINST PURCHASE ORDERS NOS. 313 AND 697 TOTALING 3. THE ANIMALS WERE PLACED IN QUARANTINE FOR A PERIOD OF THREE WEEKS DURING WHICH TIME IT WAS DETERMINED THAT THOSE ANIMALS FOR WHICH CLAIM IS MADE WERE FOUND TO BE UNACCEPTABLE DUE TO ONE OR MORE OF THE FOLLOWING REASONS: PREGNANCY. THE CONTRACT FURTHER PROVIDED THAT THE ANIMALS WERE TO BE HELD IN ROUTING QUARANTINE FOR THREE WEEKS FROM DATE OF RECEIPT OF DELIVERY. THAT ALL ANIMALS WHICH EXHIBIT ANY OF THE DISEASES LISTED ABOVE WILL BE REJECTED. THAT REPLACEMENTS WILL BE MADE BY THE CONTRACTOR AT NO EXPENSE TO THE GOVERNMENT. SINCE THE ANIMALS IN QUESTION WERE FOUND TO BE UNACCEPTABLE DUE TO THE ABOVE-LISTED CAUSES.
B-130567, FEB. 19, 1957
TO MR. D. M. SARGEANT, AUTHORIZED CERTIFYING OFFICER, PUBLIC HEALTH SERVICE:
YOUR LETTER OF JANUARY 30, 1957, WITH ENCLOSURES, FILE REFERENCE FIN:MV, REQUESTS THAT AN ADVANCE DECISION BE RENDERED AS TO WHETHER PAYMENT PROPERLY MAY BE MADE ON THE TWO VOUCHERS ATTACHED THERETO STATED IN FAVOR OF MR. FLOYD DAVIS IN THE AMOUNTS OF $40.60 AND $44.95, FOR A QUANTITY OF GUINEA PIGS DELIVERED TO THE TUBERCULOSIS RESEARCH LABORATORY, LAWSON HOSPITAL, CHAMBLEE, GEORGIA, UNDER CONTRACT NO. SAPH-67063, DATED JUNE 12, 1956.
YOUR SUBMISSION STATES THAT THE 59 ANIMALS IN QUESTION WERE A PART OF THREE DELIVERIES MADE AGAINST PURCHASE ORDERS NOS. 313 AND 697 TOTALING 3,648 GUINEA PIGS. IMMEDIATELY AFTER DELIVERY, THE ANIMALS WERE PLACED IN QUARANTINE FOR A PERIOD OF THREE WEEKS DURING WHICH TIME IT WAS DETERMINED THAT THOSE ANIMALS FOR WHICH CLAIM IS MADE WERE FOUND TO BE UNACCEPTABLE DUE TO ONE OR MORE OF THE FOLLOWING REASONS: PREGNANCY, RINGWORM, PNEUMONIA, PULMONARY INFECTIONS,ADENITIS, OR DEATH DUE TO PULMONARY INFECTION.
THE INVOLVED CONTRACT STIPULATED THAT THE CONTRACTOR WOULD FURNISH ONLY GUINEA PIGS IN GOOD PHYSICAL CONDITION IN ACCORDANCE WITH THE FOLLOWING DESCRIPTIONS AND SPECIFICATIONS: "TO BE NORMAL, HEALTHY ANIMALS. FEMALES NON-PREGNANT. ALL ANIMALS MUST BE FREE OF ALL COMMUNICABLE DISEASES, EXTO -AND ENDO-PARASITES. (ALL ANIMALS TO BE FREE FROM SALMONELLA, ENTEROCOCCUS, PULMONARY DISEASES, DERMATOPHYTIC DISEASES SUCH AS RINGWORM, AND FREE FROM HEMOLYTIC STREPTOCOCCUS, EVIDENCE OF PNEUMONIA, HEAD CATARRAH, CERVICAL INGUINAL AND AXILLARY ADENITIS).'
THE CONTRACT FURTHER PROVIDED THAT THE ANIMALS WERE TO BE HELD IN ROUTING QUARANTINE FOR THREE WEEKS FROM DATE OF RECEIPT OF DELIVERY; THAT ALL ANIMALS WHICH EXHIBIT ANY OF THE DISEASES LISTED ABOVE WILL BE REJECTED; AND, THAT REPLACEMENTS WILL BE MADE BY THE CONTRACTOR AT NO EXPENSE TO THE GOVERNMENT.
SINCE THE ANIMALS IN QUESTION WERE FOUND TO BE UNACCEPTABLE DUE TO THE ABOVE-LISTED CAUSES, THE ACTION TAKEN BY THE ORDERING FACILITY IN REJECTING THOSE GUINEA PIGS FAILING TO MEET THE SPECIFICATIONS, CLEARLY WAS A PROPER EXERCISE OF AUTHORITY RESERVED TO THE UNITED STATES UNDER THE SPECIFIC TERMS OF THE CONTRACT. THERE IS NO SHOWING THAT THE CONTRACTOR RAISED ANY QUESTION AS TO THE FINDINGS AND CONCLUSION OF THE OFFICER OR EMPLOYEE CHARGED WITH THE DUTY OF DETERMINING THE ACCEPTABILITY OF THE ANIMALS FURNISHED, AND IT IS STATED FURTHER THAT THE REJECTED GUINEA PIGS WERE NOT REPLACED BY THE CONTRACTOR.
ACCORDINGLY, ON THE BASIS OF THE PRESENT RECORD, THE VOUCHERS, WHICH ARE RETURNED HEREWITH, MAY NOT BE CERTIFIED FOR PAYMENT.