B-145400, JUN. 29, 1961
Highlights
INC.: REFERENCE IS MADE TO YOUR LETTER OF JUNE 15. THE RECORD DOES NOT SHOW THAT YOU WERE GIVEN ANY SUCH ASSURANCE. RATHER THAT AT THE TIME THE DAMAGE WAS DISCOVERED IT WAS ASSUMED BOTH BY GOVERNMENT PERSONNEL AND BY MR. YOU WERE SO INFORMED. THE RECORD SHOWS THAT PERSONNEL AT THE FABRICATION LABORATORY OF THE ARMY BALLISTIC MISSILE AGENCY WERE OF THE OPINION THAT THE SCRATCHES ON THE SCALE COULD HAVE BEEN TOUCHED UP OR REPAIRED AT SMALL COST. THE ACTUAL REPLACEMENT OF THE SCALE WAS MADE BY AND AT THE SUGGESTION OF MR. WAS ALSO ACTING FOR YOU. YOU AGAIN STATE THAT THE PHOTOGRAPHS OF THE SCALE SHOW THE DAMAGE WAS CAUSED BY MISHANDLING OF THE TABLE BY GOVERNMENT EMPLOYEES. THAT EITHER THE EMPLOYEES HAVE NOT BEEN QUESTIONED OR THAT THEY ARE DELIBERATELY WITHHOLDING INFORMATION WHICH WOULD SUPPORT YOUR CONTENTION.
B-145400, JUN. 29, 1961
TO MILL AND MINE SUPPLY COMPANY, INC.:
REFERENCE IS MADE TO YOUR LETTER OF JUNE 15, 1961, REQUESTING FURTHER CONSIDERATION OF YOUR CLAIM FOR $916.52 AS THE COST OF REPLACING ONE DAMAGED SCALE, A COMPONENT OF THE ROTARY TABLE FURNISHED REDSTONE ARSENAL UNDER CONTRACT NO. DA-01-009-ORD-727, DATED FEBRUARY 20, 1959.
YOU STATE THAT YOU MADE THE REPAIRS ON ADVICE OF A GOVERNMENT REPRESENTATIVE THAT YOU WOULD BE ISSUED A PURCHASE ORDER FOR THE EXPENSES INVOLVED. THE RECORD DOES NOT SHOW THAT YOU WERE GIVEN ANY SUCH ASSURANCE, BUT RATHER THAT AT THE TIME THE DAMAGE WAS DISCOVERED IT WAS ASSUMED BOTH BY GOVERNMENT PERSONNEL AND BY MR. LEWIS MEYERS, REPRESENTATIVE OF MORTON MANUFACTURING COMPANY, THAT THE DAMAGE OCCURRED IN TRANSIT, AND YOU WERE SO INFORMED. IN FACT, THE RECORD SHOWS THAT PERSONNEL AT THE FABRICATION LABORATORY OF THE ARMY BALLISTIC MISSILE AGENCY WERE OF THE OPINION THAT THE SCRATCHES ON THE SCALE COULD HAVE BEEN TOUCHED UP OR REPAIRED AT SMALL COST, AND THE ACTUAL REPLACEMENT OF THE SCALE WAS MADE BY AND AT THE SUGGESTION OF MR. MEYERS, WHO, AS REPRESENTATIVE OF THE MORTON COMPANY, WAS ALSO ACTING FOR YOU.
YOU AGAIN STATE THAT THE PHOTOGRAPHS OF THE SCALE SHOW THE DAMAGE WAS CAUSED BY MISHANDLING OF THE TABLE BY GOVERNMENT EMPLOYEES, AND YOU CONTEND, IN EFFECT, THAT EITHER THE EMPLOYEES HAVE NOT BEEN QUESTIONED OR THAT THEY ARE DELIBERATELY WITHHOLDING INFORMATION WHICH WOULD SUPPORT YOUR CONTENTION.
THE DAMAGE COULD HAVE BEEN CAUSED IN VARIOUS WAYS AND AT ANY TIME PRIOR TO ITS DISCOVERY, AND NO CONVINCING EVIDENCE HAS BEEN ADDUCED TO ESTABLISH THAT IT OCCURRED AT OR AFTER DELIVERY TO REDSTONE ARSENAL. THE DEPARTMENT OF THE ARMY CONDUCTED A CAREFUL INVESTIGATION, INCLUDING QUESTIONING OF INVOLVED PERSONNEL, WHICH INDICATES THAT THE SCALE WAS NOT DAMAGED DURING UNLOADING AND THAT EXTREME CARE IS EXERCISED BY POST ENGINEER PERSONNEL ENGAGED IN THESE OPERATIONS.
FOR THE REASONS STATED HEREIN AND IN OUR PREVIOUS COMMUNICATIONS TO YOU, WE MUST ADHERE TO OUR DETERMINATION THAT THERE HAS BEEN ESTABLISHED NO OBLIGATION ON THE PART OF THE UNITED STATES TO PAY FOR THE REPLACEMENT OF THE SCALE.