B-135492, MAY 9, 1958

TO PIONEER WAGON WORKS: REFERENCE IS MADE TO YOUR LETTER DATED APRIL 24. THE RECORD IS CLEAR THAT. THERE IS NO EVIDENCE THAT THE CONTRACTING OFFICER INTENDED TO PRECLUDE YOU FROM SUPPLYING YOUR WOOD SWING SEATS COVERED WITH RUBBER. THE GOVERNMENT IS NOT TO BE PLACED IN A POSITION OF ALLOWING BIDDERS TO DICTATE SPECIFICATIONS WHICH WILL PERMIT ACCEPTANCE OF EQUIPMENT WHICH DOES NOT IN THE CONSIDERED JUDGMENT OF THE CONTRACTING AGENCY REASONABLY MEET THE AGENCY'S NEED. YOU ARE ADVISED THAT THE ACTION OF OUR OFFICE ON CLAIMS AGAINST THE UNITED STATES IS FINAL AND CONCLUSIVE ON ALL EXECUTIVE OFFICES OF THE GOVERNMENT. 31 U.S.C. 74. SUITS AGAINST THE UNITED STATES FOUNDED UPON ANY EXPRESS OR IMPLIED CONTRACT WITH THE UNITED STATES ARE COGNIZABLE IN THE COURT OF CLAIMS AND.