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B-190365 1 (1979-06-19)

handle is hein.gao/gaobadhig0001 and id is 1 raw text is: DECISI0F 6 Q~LrR .-~, ~ -~ K L Ni f ~ FILE: B-190365 THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, D.C. 20548 DATE: June 19, 979 MATTER OF:Navy, Army and Air Force Institutes -- Payment of Invoice DIGEST: Navy vessel requisitioned perishable goods from supplier and was subsequently diverted to different location, but did not cancel requisition. Supplier delivered goods to designated location. Navy never formally accepted goods but goocb were moved by Navy to second location, where they were rejected because they had deteriorated. Navy did not notify supplier until next day. Since movement of goods was inconsistent with seller's ownership and could therefore be deemed con- structive acceptance, and in view of delay in notification and fact that requisition had not been cancelled, invoice from supplier may be paid. This responds to a request from the Department of the Navy, Fleet Accounting and Disbursing Center, Norfolk, Virginia, for an advance decision pursuant to 31 U.S.C. V74 (1976) on the propriety of payment of an invoice. The invoice, in the amount of 98.50 pounds sterling, was sent to the Navy for payment by the Navy, Army and Air Force Institutes (NAAFI) of Nottingham, England, a supplier, for pro- visions which were rejected by the Navy. According to the information submitted, the U.S.S. Batfish zt 93 (SSN-681) was scheduled to be in Faslane, Scotland on October 14, 1976, for a 3-day visit. Prior to entering port, the Batfish- s-Te e'E a radio message to the U.S.S. Holland (AS-3-2-, e supporting submarine tender, requesting that the tender provide bread, milk, and ice cream upon the arrival of the Batfish. At the time the message was trans- mitted, the Batfish did not know where it would be moored, but assumed that it would be at Faslane. Events on October 14, 1976, were complicated by a last minute change in the ship's berth assign- ment from Faslane to Holy Loch. The Supply Officer of the Batfish states that the requisition for the provisions should have been cancelled, but was not. The supplier, NAAFI, informed the Navy that the procedure normally followed when a ship is deployed (by which NAAFI apparently means when the ship's location is changed) is the immediate cancel- lation of all deliveries. This is possible, according to NAAFI, as notification of any deployment is normally received in advance of the requested delivery time. In this case, notification was received 66M vr

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