B-148256, MAR. 14, 1962

B-148256, MAR. 14, 1962

TO THE MICHLIN SURPLUS COMPANY:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 12, 1962, APPEALING THE DISALLOWANCE OF YOUR CLAIM FOR $20.70, REPRESENTING STORAGE CHARGES COLLECTED FROM YOU ON DRILLING RODS PURCHASED AS ITEM 204 OF SALES INVITATION NO. 33-167-S-62-3.

YOU PROTEST THE ASSESSMENT OF THESE STORAGE CHARGES ON THE GROUND THAT THE DELAY IN REMOVING ITEM 204 WAS EXCUSABLE SINCE YOUR DRIVER, AT THE TIME THAT HE PICKED UP THE OTHER ITEMS, REQUESTED THE SHIPPING CLERK AT MARION ENGINEER DEPOT TO SHIP THE RODS BY COMMON CARRIER, AND SINCE YOU ALLEGEDLY MADE A SIMILAR REQUEST BY LETTER DATED SEPTEMBER 7, 1961, ADDRESSED TO THE COLUMBUS CONSOLIDATED SURPLUS SALES OFFICE.

UNDER THE TERMS OF THE CONTRACT, SHIPPING ARRANGEMENTS ARE THE SOLE RESPONSIBILITY OF THE PURCHASER AND STORAGE CHARGES ARE PAYABLE FOR FAILURE TO REMOVE PROPERTY WITHIN THE PRESCRIBED PERIOD. THE REMOVAL PERIOD MAY ONLY BE EXTENDED WHEN THE DELAY IN REMOVAL OF THE PROPERTY IS DUE TO CAUSES BEYOND THE CONTROL AND WITHOUT THE FAULT OR NEGLIGENCE OF THE PURCHASER.

EMPLOYEES AT THE MARION ENGINEER DEPOT HAVE BEEN CONTACTED AND NONE HAS BEEN FOUND WHO RECALLS BEING REQUESTED BY YOUR DRIVER TO SHIP ITEM 204 BY COMMON CARRIER. NEITHER IS THERE ANY RECORD OF THE RECEIPT BY THE COLUMBUS CONSOLIDATED SURPLUS SALES OFFICE OF A LETTER FROM YOU DATED SEPTEMBER 7, 1961, REQUESTING SHIPMENT.

THE "SHIPPING ARRANGEMENTS" REFERRED TO IN THE CONTRACT AND WHICH ARE MADE YOUR SOLE RESPONSIBILITY, INCLUDE SELECTION OF A CARRIER, CONTACTING THE CARRIER AND TAKING ALL NECESSARY STEPS TO HAVE THE PROPERTY PICKED UP. A BARE REQUEST BY YOU TO SHIP THE RODS BY COMMON CARRIER, EVEN IF RECEIVED, COULD NOT OPERATE TO SHIFT THIS RESPONSIBILITY TO THE GOVERNMENT.

SINCE IT HAS NOT BEEN ESTABLISHED THAT THE DELAY IN REMOVING THE PROPERTY WAS EXCUSABLE UNDER THE TERMS OF THE CONTRACT, IT MUST BE CONCLUDED THAT THE ASSESSMENT OF STORAGE CHARGES WAS PROPER, AND THE DISALLOWANCE OF YOUR CLAIM IS THEREFORE SUSTAINED.