B-132335, JUN. 10, 1958
Highlights
K.: REFERENCE IS MADE TO YOUR LETTER OF MAY 10. WAS DISALLOWED. YOUR VARIOUS CONTENTIONS RELATIVE TO THE MERITS OF THE CLAIM WERE THOROUGHLY CONSIDERED IN THE PREPARATION OF THE DECISION OF JANUARY 27. THAT YOU WERE REQUIRED TO CERTIFY THE SHIPPING DOCUMENT OR SUFFER CANCELLATION OF THE CONTRACT. THERE IS NOTHING OF RECORD TO SUPPORT ANY IMPLICATION THAT YOUR CERTIFICATION OF RECEIPT OF THE MATERIAL AS CONFORMING TO THE CONTRACT REQUIREMENTS WAS NOT WHOLLY VOLUNTARY ON YOUR PART. THERE IS NO ALTERNATIVE AT LAW BUT TO REGARD THE CERTIFICATION ON THE SHIPPING DOCUMENT AS CONSTITUTING A BAR TO THE RECOVERY BY YOU OF ANY PORTION OF THE AMOUNT PAID FOR THE SURPLUS MATERIAL. WHILE IT IS UNFORTUNATE THAT YOU MAY HAVE SUSTAINED A LOSS UNDER THE CONTRACT AND.
B-132335, JUN. 10, 1958
TO MIMASU SANGYO G. K.:
REFERENCE IS MADE TO YOUR LETTER OF MAY 10, 1958, REQUESTING RECONSIDERATION OF OUR DECISION OF JANUARY 27, 1958, WHICH SUSTAINED THE SETTLEMENT OF APRIL 30, 1957, WHEREBY YOUR CLAIM FOR A PARTIAL REFUND OF THE AMOUNT PAID FOR UNPREPARED STEEL AND IRON HEAVY (SCRAP) PURCHASED FROM THE UNITED STATES DEPARTMENT OF THE ARMY UNDER CONTRACT NO. DA (S) 92-557- FEC-11873, DATED AUGUST 31, 1956, WAS DISALLOWED.
YOUR VARIOUS CONTENTIONS RELATIVE TO THE MERITS OF THE CLAIM WERE THOROUGHLY CONSIDERED IN THE PREPARATION OF THE DECISION OF JANUARY 27, 1958, AND YOUR LETTER OF MAY 10, 1958, PRESENTS NO FACTS OR PHASES OF THE MATTER NOT ALREADY OF RECORD. WHILE YOU CONTEND, IN EFFECT, THAT YOU WERE REQUIRED TO CERTIFY THE SHIPPING DOCUMENT OR SUFFER CANCELLATION OF THE CONTRACT, THERE IS NOTHING OF RECORD TO SUPPORT ANY IMPLICATION THAT YOUR CERTIFICATION OF RECEIPT OF THE MATERIAL AS CONFORMING TO THE CONTRACT REQUIREMENTS WAS NOT WHOLLY VOLUNTARY ON YOUR PART. ACCORDINGLY, IN THE ABSENCE OF ANY CLEAR SHOWING OF FRAUD OR COERCION ON THE PART OF THE ADMINISTRATIVE OFFICIALS CONCERNED, THERE IS NO ALTERNATIVE AT LAW BUT TO REGARD THE CERTIFICATION ON THE SHIPPING DOCUMENT AS CONSTITUTING A BAR TO THE RECOVERY BY YOU OF ANY PORTION OF THE AMOUNT PAID FOR THE SURPLUS MATERIAL.
WHILE IT IS UNFORTUNATE THAT YOU MAY HAVE SUSTAINED A LOSS UNDER THE CONTRACT AND, AS CONTENDED BY YOU, THERE MAY BE CERTAIN EQUITIES IN YOUR FAVOR IN THE MATTER, OUR OFFICE, AS INDICATED ABOVE, WOULD NOT BE AUTHORIZED OR LEGALLY JUSTIFIED IN REFUNDING ANY PART OF THE PURCHASE PRICE. THE SUPREME COURT OF THE UNITED STATES HAS CLEARLY STATED THE PRINCIPLE THAT, IN THE ABSENCE OF A STATUTE SO PROVIDING, NO OFFICER OF THE GOVERNMENT HAS AUTHORITY TO GIVE AWAY OR SURRENDER ANY RIGHT VESTED IN OR ACQUIRED BY THE GOVERNMENT UNDER A CONTRACT.
FOR YOUR INFORMATION, AND HAVING REGARD FOR YOUR STATEMENT THAT YOU WILL APPLY TO THE SECRETARY OF THE ARMY FOR RELIEF, YOU ARE ADVISED THAT THE DECISIONS OF THE GENERAL ACCOUNTING OFFICE ARE BINDING UPON ALL DEPARTMENTS AND AGENCIES OF THE EXECUTIVE BRANCH OF THE U.S. GOVERNMENT.