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B-183896,B-183907 1 (1975-07-18)

handle is hein.gao/gaobadcll0001 and id is 1 raw text is: 01LUER r THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON, D.C. 2054E8 FILE: B-183896, 183907 DATE: July 18, 1975 MATTER OF: Eastman Kodak Company DIGEST: Claim for rental charges for equipment utilized at defunct agency facility whose records have been destroyed may be allowed in part where record shows that claimant made timely request for payment of portion of claim and agency failed to respond to claimant's request. Remainder of claim is for disallowance since claimant did not make timely demand for payment. By the time payment was requested and claim considered by the Navy com- plete records of lease transactions were no longer available to verify claim. Eastman Kodak Company has appealed our Transportation and Claims Division scttlement of October 18, 1974, in which its claim in the amount of $5,565.10, representing rental charges for microfilm equipment and maintenance under Purchase Order Nos. N62738-68-F-0214, -69-M-0201 and -69-F-0201, utilized by the Naval Weapons Center Corona Laboratories, Corona, California, was denied. The purchase orders arose from yearly contracts covering the period July 18, 1968 through June 30, 1969. The contracts covered rental and service of other items which are not involved here. The Transportation and Claims Division settlement in denying the claim stated that: The record shows that your invoices under the cited Purchase Orders date from January 1, 1968, through June 1, 1969. The earliest evidence of an inquiry regarding these allegedly unpaid invoices is dated November 10, 1972, copy attached. The Department of the Navy has advised us that the records with which to verify performance and/or delivery of goods or services and charges therefor are no longer available. It has long been established that where, as here, the records necessary to either justify or refute a claim have been destroyed pursuant to law or have become unavail- able due to the lapse of time, the accounting officers of I

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