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B-141616, MAR. 21, 1960

B-141616 Mar 21, 1960
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(WORD ILLEGIBLE) TODD: REFERENCE IS MADE TO YOUR LETTER DATED FEBRUARY 23. YOU APPARENTLY BASE YOUR REQUEST FOR RECONSIDERATION SOLELY ON THE GROUND THAT THE FIRST INVOICE WAS DATED MAY 1. YOU CONTEND THAT THIS INVOICE WAS DELIVERED ON MAY 1. THAT BECAUSE OF THE REFERRED-TO NOTATION THEREON "THE GOVERNMENT WAS OBLIGATED TO DISPUTE THE PAYMENT BEFORE ACCEPTING THE INVOICE. SINCE PAYMENT WAS NOT MADE UNTIL MAY 13. THAT THE DISCOUNT OF $274.70 TAKEN ON THE INVOICE WAS NOT EARNED AND THEREFORE NOT PROPERLY DEDUCTIBLE. AS WAS STATED IN GENERAL ACCOUNTING OFFICE SETTLEMENT DATED NOVEMBER 24. THE RECORDS BEFORE US APPEAR TO CONFIRM THE ADMINISTRATIVE OFFICE REPORT THAT THIS INVOICE WAS NOT RECEIVED AT THE CONTRACTING OFFICE UNTIL MAY 7.

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B-141616, MAR. 21, 1960

TO MR. (WORD ILLEGIBLE) TODD:

REFERENCE IS MADE TO YOUR LETTER DATED FEBRUARY 23, 1960, REQUESTING RECONSIDERATION OF OUR DECISION OF FEBRUARY 1, 1960, WHICH SUSTAINED THE DISALLOWANCE OF YOUR CLAIM IN THE AMOUNT OF $274.70 COVERING A DISCOUNT DEDUCTED BY THE GOVERNMENT IN MAKING PAYMENT ON THE FIRST INVOICE PRESENTED BY YOU UNDER CONTRACT NO. AF 35/608/-438 DATED MARCH 27, 1958.

YOU APPARENTLY BASE YOUR REQUEST FOR RECONSIDERATION SOLELY ON THE GROUND THAT THE FIRST INVOICE WAS DATED MAY 1, 1958, AND BORE THE NOTATION "TERMS 2 PERCENT IF PAYMENT MADE ON OR BEFORE MAY 10, 1958.' YOU CONTEND THAT THIS INVOICE WAS DELIVERED ON MAY 1, 1958, THAT BECAUSE OF THE REFERRED-TO NOTATION THEREON "THE GOVERNMENT WAS OBLIGATED TO DISPUTE THE PAYMENT BEFORE ACCEPTING THE INVOICE," AND SINCE IT DID NOT DO SO AND, FURTHER, SINCE PAYMENT WAS NOT MADE UNTIL MAY 13, 1958, THAT THE DISCOUNT OF $274.70 TAKEN ON THE INVOICE WAS NOT EARNED AND THEREFORE NOT PROPERLY DEDUCTIBLE.

NOTWITHSTANDING THE ALLEGATIONS IN YOUR LETTER OF FEBRUARY 23 AS TO THE DELIVERY DATE OF THE INVOICE HERE IN QUESTION AS WELL AS THE RECEIPT DATE STAMPED THEREON, AS WAS STATED IN GENERAL ACCOUNTING OFFICE SETTLEMENT DATED NOVEMBER 24, 1959, AND IN OUR DECISION OF FEBRUARY 1, 1960, THE RECORDS BEFORE US APPEAR TO CONFIRM THE ADMINISTRATIVE OFFICE REPORT THAT THIS INVOICE WAS NOT RECEIVED AT THE CONTRACTING OFFICE UNTIL MAY 7, 1958, THAT ON MAY 8 THE GOVERNMENT ACCEPTED THE PERCENTAGE OF THE CONTRACT WORK AS SATISFACTORILY COMPLETED, THAT THE INVOICE WAS RECEIVED IN THE ACCOUNTING AND FINANCE OFFICE ON MAY 12, AND THAT PAYMENT THEREON WAS MADE BY CHECK DATED MAY 13, 1958, WHICH WAS WITHIN THE CONTRACT STIPULATION OF TEN CALENDAR DAYS OF THE DATE OF RECEIPT OF THE INVOICE AND THE DATE OF THE ACCEPTANCE OF THE WORK COVERED THEREBY. IN THE ABSENCE OF EVIDENCE LEGALLY SUFFICIENT TO OVERCOME THIS RECORD WE MUST ACCEPT THE REPORT OF THE ADMINISTRATIVE OFFICE. SEE 16 COMP. GEN. 325; 18 ID. 799, 800; 31 ID. 288; AND 37 ID. 568. NEEDLESS TO SAY, THE NOTATION OF "TERMS 2 PERCENT IF PAYMENT MADE ON OR BEFORE MAY 10, 1958," PLACED BY YOU ON THE FACE OF THE INVOICE, MAY NOT BE ACCEPTED AS IN ANY MANNER CHARGING THE CONTRACT DISCOUNT TERMS OF ,2 PERCENT-10 CALENDAR DAYS.'

CONSIDERING THE DISCOUNT TERMS THE GOVERNMENT CLEARLY IS ENTITLED TO THE DISCOUNT OF $274.70 TAKEN ON THE INVOICE FOR THE FIRST PAYMENT ON CONTRACT NO. AF 35/608/-618. ACCORDINGLY, THE DECISION OF FEBRUARY 1, 1960, IS AFFIRMED.

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