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B-184712 1 (1976-03-03)

handle is hein.gao/gaobaddew0001 and id is 1 raw text is: 
                    ~  -~ ~THE COMPTROLLE, CERIEPAL
DECISION         -sfI        OF   THE    UNIT     0  STATES
                             W A S WAsHINGTON. o C. 2054




FILE:  B-184712                     DATE:  March 3, 1276

MATTER OF: Request for Advance Decision - Department of
               the Army

DIGEST:


      Claim for payment for typewriters allegedly delivered to
      Government for overseas shipment may not be paid because
      record fails to substantiate actual delivery of items to
      Government. Burden is on claimant to furnish evidence to
      substantiate delivery.

      The United States Department of the Army has requested an
 advance decision from our Office regarding the propriety of
 payment for typewriters allegedly delivered to the Government.

      The record shows that on January 16, 1973, the U.S. Army
 Procurement Directorate, Okinawa, issued delivery order No.
 ZK-12 to the International Business Nachines Colrporation (lIDM)
 for the purchase of 15 selectric typewriters, model 71, and
 30 extra typing elements under contract No. F64620-72-A-0026.
 They were to be delivered to the Headquarters and Headquarters
 Company, 1st Aviation Brigade, Vietnam, which was designated
 as the delivery and acceptance point. However, a completed
 Material Inspection and Receiving Report, DD-Form 250, evidence
 of delivery at destination, was never executed by the 1st
 Aviation Brigade.

      IBM contends that the typewriters were delivered to Travis
 Air Force Base for transshipment to Vietnam. It has submitted
 a copy of Consolidated Freightways Bill V'81028651-4, Delivery
 Receipt copy, containing an illegible signature and dated
 March 2, 1973. It appears that the signatory's name is pre-
 ceded  by the written letters SSg, an abbreviation for
 Staff Sergeant.

      Even if this delivery receipt was signed by personnel
 at Travis AFB, it covers 50 undescribed pieces which we are
 unable to identify as the typewriters and typing elements in
 question.  (The receipt also indicates that split deliveries
 were destined for delivery to other consignees at different
 locations.) While the instant purchase was for 15 typewriters

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