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B-194253 1 (1979-05-02)

handle is hein.gao/gaobadhed0001 and id is 1 raw text is: O LER , THE COMPTROLLER GENERAL DECISIONM OF THE UNITED STATES WA SH IN GTON, D .C . 2O549 (JN IT-' FILE: B-194253 OATE: May 2, 1979 MATTER OF: N. Frank & Son, Inc. Contract with Government which provides for desks to be delivered f.o.b. Warehouse, Number 10 P Street requires contractor to bear expenses of delivering desks to designated point and contractor is responsible for demurrage charges incurred prior to actual delivery. N. Frank & Son, Inc. (Frank) requests reconsideration of. a settlement certificate dated November 21, 1978, claim number Z-2740217, in which our Claims Division disallowed Frank's claim for $470 in demurrage charges resulting from Frank's sale of desks to the Architect of the Capitol under a-contract with the Government. Frank contracted with the Government to supply desks to the Architect of the Capitol. Item No. 11 of the contract covers deliveries. It states that the desks shall be . . . delivered f.o.b. Warehouse, Number 10.P Street, South Capitol and P Streets, S.W., Washington, D.C. . . . The Architect of the Capitol had. been assigned space in the warehouse which is under the jurisdic- tion of the General Services Administration (GSA). 'The desks arrived on January 12, 1977, by railroad. Attempts to reach the warehouse by use of the railway siding next to the warehouse failed because the tracks were blocked with snow, ice and debris. As a result, delivery by rail was delayed as Frank tried unsuccess- fully for almost a month to have GSA clear the tracks. On February 4, 1977, Frank completed delivery to the warehouse by truck. Frank- -has -conceded its liability for the costs of the truck delivery. This claim is for reimbursement of Frank's payment .of the railroad's bill for demurrage. The demurrage bill is the railroad's charge to Frank for detaining the rail car beyond the free time published in the tariff for unloading. Despite the f.o.b. warehouse language in the.contract, Frank argues that GSA was responsible for the delivery delay since its failure to clear the tracks made delivery impossible, and therefore resulted in the demurrage charges.

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