B-146361: Sep 29, 1961

INCORPORATED: REFERENCE IS MADE TO LETTER OF JUNE 28. IT IS ALLEGED. SINCE THERE WAS NO CONTRACTUAL OBLIGATION ON YOUR PART TO FURNISH A PREPRODUCTION SAMPLE OF THE CHAIR AND THAT DUE TO THE THEN CURRENT STEEL STRIKE THE SAID DELIVERY SCHEDULE SHOULD HAVE BEEN EXTENDED INSTEAD OF TERMINATING THE CONTRACT. THE RECORD DISCLOSES THAT THE SUBJECT CONTRACT WAS EXECUTED ON SEPTEMBER 9. WE HAVE TRIED SEV...

B-146361: Dec 05, 1961

THAT SEVERAL OTHER SUPPLIERS WERE TRIED BUT NONE WOULD ACCEPT THE ORDER. THE CONTRACTOR "CANNOT SEND SAMPLES OR DELIVER THE ORDER" CONSTITUTES A CLEAR REPUDIATION OF THE CONTRACT ON THE BASIS THAT THE CONTRACTOR WILL NOT PERFORM DUE TO HIS INABILITY TO FIND A SUPPLIER. IN VIEW OF SUCH CLEAR IMPORT A POSITIVE STATEMENT THAT HE IS UNWILLING TO PERFORM IS UNNECESSARY TO ESTABLISH AN ANTICIPATORY BREA...