A-18816, AUGUST 17, 1927, 7 COMP. GEN. 116

A-18816: Aug 17, 1927

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A SUPPLEMENTAL AGREEMENT WAS ENTERED INTO WHEREBY AN EXPERIENCED EMPLOYEE OF THE CONTRACTOR WAS TO ACCOMPANY THE SAID CAR TO ITS DESTINATION AND REMAIN THERE SUFFICIENT TIME TO SUPERVISE THE PLACING OF THE CAR IN SERVICE AND GIVE INSTRUCTION TO THE ALASKA RAILROAD IN ITS OPERATION. PAYMENT OF THE EXPENSES INCURRED IN ACCORDANCE WITH THE TERMS OF THE SUPPLEMENTAL AGREEMENT IS AUTHORIZED. WHEREIN WAS DISALLOWED THE CLAIM OF THE J. WAS ISSUED TO THE J. THE CAR WAS SHIPPED ON DECEMBER 21. APPEARS THAT PRIOR TO THE COMPLETION OF THE CAR AND THE SHIPMENT THEREOF IT WAS ARRANGED BETWEEN THE GENERAL MANAGER OF THE ALASKA RAILROAD AND THE CLAIMANT COMPANY THAT AN EMPLOYEE OF SAID COMPANY. THIS ARRANGEMENT WAS REDUCED TO WRITING AND A FORMAL CONTRACT ENTERED INTO UNDER DATE OF DECEMBER 11.

A-18816, AUGUST 17, 1927, 7 COMP. GEN. 116

CONTRACTS, SUPPLEMENTAL - ADDITIONAL EXPENSES INCURRED IN DELIVERING MOTOR RAIL CAR PURCHASED WHERE UNDER A CONTRACT PROVIDING FOR THE CONSTRUCTION OF A MOTOR RAIL CAR, DELIVERY TO BE MADE F.O.B. CONTRACTOR'S PLANT, A SUPPLEMENTAL AGREEMENT WAS ENTERED INTO WHEREBY AN EXPERIENCED EMPLOYEE OF THE CONTRACTOR WAS TO ACCOMPANY THE SAID CAR TO ITS DESTINATION AND REMAIN THERE SUFFICIENT TIME TO SUPERVISE THE PLACING OF THE CAR IN SERVICE AND GIVE INSTRUCTION TO THE ALASKA RAILROAD IN ITS OPERATION, NO PROVISION HAVING BEEN MADE IN THE ORIGINAL CONTRACT THEREFOR, PAYMENT OF THE EXPENSES INCURRED IN ACCORDANCE WITH THE TERMS OF THE SUPPLEMENTAL AGREEMENT IS AUTHORIZED.

DECISION BY ACTING COMPTROLLER GENERAL GINN, AUGUST 17, 1927:

REVIEW HAS BEEN REQUESTED OF SETTLEMENT 056764, DATED MARCH 30, 1927, WHEREIN WAS DISALLOWED THE CLAIM OF THE J. G. BRILL CO. IN THE SUM OF $1,271.36 AS REIMBURSEMENT OF EXPENSES INCURRED BY ONE OF ITS EMPLOYEES IN DELIVERY OF MOTOR RAIL CAR NO. 75 TO THE ALASKA RAILROAD UNDER TERMS OF CONTRACT DATED AUGUST 10, 1925, AND SUPPLEMENTAL CONTRACT DATED DECEMBER 11, 1925.

IT APPEARS THAT PURCHASE ORDER NO. D-26531, DATED AUGUST 10, 1925, WAS ISSUED TO THE J. G. BRILL CO. BY THE INTERIOR DEPARTMENT, ALASKA RAILROAD, PURCHASING DEPARTMENT, SEATTLE, WASH., WHICH CALLED FOR THE DELIVERY OF ONE GASOLINE MOTOR RAIL CAR FOR THE SUM OF $26,750, DELIVERY TO BE MADE F.O.B. PHILADELPHIA, PA. THE CAR WAS SHIPPED ON DECEMBER 21, 1925. APPEARS THAT PRIOR TO THE COMPLETION OF THE CAR AND THE SHIPMENT THEREOF IT WAS ARRANGED BETWEEN THE GENERAL MANAGER OF THE ALASKA RAILROAD AND THE CLAIMANT COMPANY THAT AN EMPLOYEE OF SAID COMPANY, DULY QUALIFIED BY EXPERIENCE AND TRAINING, SHOULD ACCOMPANY THE SAID CAR FROM PHILADELPHIA, PA., TO ITS DESTINATION IN ALASKA AND THAT THE EMPLOYEE SHOULD REMAIN IN ALASKA A SUFFICIENT LENGTH OF TIME TO SUPERVISE ANY WORK THAT MIGHT BE NECESSARY IN PLACING THE CAR IN SERVICE AND TO INSTRUCT THE PROPER EMPLOYEES OF THE ALASKA RAILROAD IN THE OPERATION THEREOF. THIS ARRANGEMENT WAS REDUCED TO WRITING AND A FORMAL CONTRACT ENTERED INTO UNDER DATE OF DECEMBER 11, 1925, WHICH PROVIDED IN PART AS FOLLOWS:

1. THE COMPANY AGREES TO FURNISH THE SERVICES OF AN EMPLOYEE OF THE COMPANY, DULY QUALIFIED BY EXPERIENCE AND TRAINING, TO ACCOMPANY AND SAFEGUARD A CERTAIN GASOLINE MOTOR CAR KNOWN AS "ALASKA RAILROAD CAR NO. 107," CONSTRUCTED BY THE COMPANY FOR THE RAILROAD, DURING THE SHIPMENT OF SAID CAR FROM THE WORKS OF THE COMPANY AT PHILADELPHIA, PENNSYLVANIA, UNTIL THE ARRIVAL OF THE CAR AT ANCHORAGE, ALASKA, AND TO SUPERVISE ANY WORK THAT MAY BE NECESSARY ON SAID CAR AFTER ARRIVAL AT ANCHORAGE, FOR THE PURPOSE OF PLACING THE CAR IN SERVICE.

2. FOR THE SERVICES AFORESAID THE RAILROAD AGREES TO PAY TO THE COMPANY AN AMOUNT SUFFICIENT TO COVER THE SALARY OF THE SAID EMPLOYEE AT THE RATE PAID HIM ON THE ROLLS OF THE COMPANY FROM AND INCLUDING THE DATE OF ENTRY UPON THE SERVICE HEREIN REQUIRED AND DURING THE TIME OF HIS TRAVEL FROM THE WORKS OF SAID COMPANY TO AND INCLUDING THE TIME OF HIS ARRIVAL IN ANCHORAGE, ALASKA, AND DURING THE TIME OF TRAVEL REQUIRED FOR HIS RETURN TRIP TO PHILADELPHIA, PENNSYLVANIA. THE TIME ALLOWED SHALL ALSO INCLUDE ANY DELAY ON RAILROAD IN PHILADELPHIA AFTER THE CAR LEAVES THE WORKS AND PENDING ACTUAL MOVEMENT OF THE CAR IN TRANSPORTATION FROM THAT CITY, AND THE TIME SPENT IN ALASKA IN THE PERFORMANCE OF THE SERVICES REQUIRED TO BE RENDERED THERE.

3. THE RAILROAD WILL ALSO PAY THE NECESSARY EXPENSES OF SAID EMPLOYEE IN PERFORMING THE TRAVEL AND SERVICES REQUIRED; THE SAID EXPENSES TO BE ADJUSTED SO FAR AS MAY BE PRACTICABLE IN ACCORDANCE WITH THE TRAVEL REGULATIONS OF THE ALASKA RAILROAD, DUE CONSIDERATION TO BE GIVEN, HOWEVER, TO THE CHARACTER OF THE SERVICES REQUIRED AND THE UNUSUAL CONDITIONS UNDER WHICH THESE SERVICES WILL BE RENDERED.

IT APPEARS THAT IN PURSUANCE OF SAID AGREEMENT A REPRESENTATIVE OF THE CLAIMANT COMPANY, ONE A. H. CLEVELAND, ACCOMPANIED THE SAID CAR TO ALASKA AND PERFORMED THE SERVICES CALLED FOR IN THE SAID SUPPLEMENTAL AGREEMENT AND THE AMOUNT CLAIMED BY THE SAID J. G. BRILL CO., $1,271.36, WHICH HAS BEEN REDUCED BY TWO CREDIT MEMORANDUMS OF $12.75 AND $116.49, MAKING THE TOTAL CLAIMED $1,142.12, REPRESENTS THE EXPENSES INCURRED BY THE SAID REPRESENTATIVE IN PERFORMING THE SERVICES CALLED FOR IN THE SAID SUPPLEMENTAL CONTRACT OF DECEMBER 11, 1925.

AS PREVIOUSLY NOTED, THE CONTRACT CALLED FOR DELIVERY OF THE CAR F.O.B. CONTRACTOR'S PLANT, PHILADELPHIA, PA., AND THERE WAS NO PROVISION THEREIN WHICH REQUIRED A REPRESENTATIVE OF THE CONTRACTOR TO ACCOMPANY THE SAID CAR FROM PHILADELPHIA TO ALASKA. SINCE THE SUPPLEMENTAL CONTRACT IMPOSED ON THE CONTRACTOR A DUTY AND OBLIGATION IN CONNECTION WITH THE DELIVERY AND INSTALLATION OF THE EQUIPMENT NOT IMPOSED UNDER THE ORIGINAL CONTRACT, AND AS THE CONSIDERATION STIPULATED IN THE SUPPLEMENTAL AGREEMENT TO BE PAID BY THE GOVERNMENT FOR SAID ADDITIONAL SERVICE APPEARS TO BE JUST AND REASONABLE, PAYMENT IN ACCORDANCE WITH THE TERMS OF SAID AGREEMENT IS AUTHORIZED AS A PART OF THE PURCHASE PRICE OF THE CAR. SEE DECISION OF MARCH 15, 1924, A 648.