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B-204863 1 (1981-10-27)

handle is hein.gao/gaobadjvk0001 and id is 1 raw text is: 3 * ~~~01LER )/6J.7~ ,. THE COMPTROLLER GENERAL DECISION . OF THE UNITED STATES WASHINGTON, 0. C. 20548 FILE: B-204863 DATE: October 27, 1981 MATTER OF: Standard Plumbing and Heating Supply Corp. DIGEST: Claim for refund of prompt-payment dis- count is denied where contract provides for discount if payment is made within 30 days of receipt of invoice by Government and supplier cannot show facts to refute Government's assertion that it never re- ceived original invoice arid payment was made within 30 days of receipt of copy of invoice. Standard Plumbing and Heating Supply Corp. (standard) requests review of a settlement by our Claims Division disallowing Standard's claim for reimbursement of a prompt-payment discount of $779.04 taken by the Portsmouth Naval Shipyard (Navy) under contract No. N00102-80-C-0350. Under the contract, Standard furnished two climate changers to the Navy at a total contract price of $38,952. The contract provided for a 2- percent prompt-payment discount if payment was made within 30 days after the Navy received the invoice. Standard contends that it mailed the original invoice on January 9, 1981, and mailed a copy on March 9, 1981. Standard argues that the Navy must have re- ceived and misplaced the original, and since the discount period had run prior to the Navy's March 11 payment, the discount was improperly taken. The Navy argues that it never received the original in- voice and so informed Standard in February 1981. Further, it received the March 9 invoice on March 10 and issued payment on March 11, thereby qualifying for the prompt-payment discount. Our policy with regard to disputed questions of fact is where there is an irreconcilable conflict between a claimant and the agency and the only evi- dence before us consists of these contradictory

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