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B-187655 1 (1977-04-04)

handle is hein.gao/gaobadelu0001 and id is 1 raw text is: I U'N THE COMPTEROLLER CENERAL OP THE UNITED ETATUS 4 bvAIHINOT'ON. D.C. 20548 FILE: 3-187655 DATE: April 4, 1977 MATTER OF: Texas Turbo Jet, Inc. DIGEST: No legal basis exists ta grant relief for freight cost incurred in removal of property awarded under surpluc sale contract discovered to be miedescribed after.awrd when contract stipulated relief to which contractor was entitled (refuzid of purchase price) and that relief was granted and contractor accepted refund of purchase price as full settlement of all claims under supplemental agreement to contract. Texas Turbo Jet, Inc. (1TJ), requests reimbursement of $500 in frei3ht costs incurred incident to the purchase and subsequent return of items mindescribed in a contract awarded under surplus sales invitation for bids (IFB) 31-6706, by the Defense Logistics Agency, Defense Property Disposal Service (DEDS), The claim results from the July 29, 1976, sale of two aircraft engines to Texas Turbo Jet under contract 31-6706-051. Items 22 and 23 were described as riteiprocating aircraft engines used only 3.7 hours each since their last overhaul. Buyers were advised that the log books were available for each engine. After award of the contract, an agent for Texas Turbo Jet removed the engines from the Naval Air Station, Jacksonville, Florida, and delivered the items on September 1, 1976, to the carrier for shipunt to Dallas, Texas. After the engines were recMived, Texas Turbo Jet discovered that items 22 and 23 actually had, respectively, 168.7 hours and 422.9 hours of use since their last overhaul. By letter dated September 3, 1976, Texas Turbo Jet forwarded documentation of error to the con- tracting officer. The contracting officer agreed that there was a misdescription and Texas Turbo Jet was advised that DPDS would either make a money adjustment or refund the purchase price upon the return of the engines to the Government. -1 -

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