A-25568, JANUARY 16, 1929, 8 COMP. GEN. 370

A-25568: Jan 16, 1929

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CONTRACTS - INCREASED COSTS - EXTRA MAIL SERVICE WHERE A CONTRACT PROVIDES THAT THE CONTRACTOR SHALL PERFORM WITHOUT ADDITIONAL COMPENSATION ANY ADDITIONAL SERVICE MADE NECESSARY BY A CHANGE IN LOCATION OF A RAILWAY TERMINAL POST OFFICE AND SUCH LOCATION IS CHANGED. THE CONTRACTOR IS NOT ENTITLED TO ADDITIONAL COMPENSATION FOR THE INCREASED SERVICE REQUIRED THEREBY. THE CONTRACTOR WAS NOT REQUIRED TO TRANSPORT. WHEN THE ADDITIONAL CARRIAGE OF THE MAILS WAS DUE TO A CHANGE IN THE LOCATION OF A TERMINAL POST OFFICE. AT THE TIME THE SPECIFICATIONS AND ADVERTISEMENT FOR THE SCREEN WAGON SERVICE AT BINGHAMTON WERE PREPARED. AT THAT TIME THE MAIL WAS BEING TRANSPORTED OVER THE 82 FEET BETWEEN THE UNION DEPOT AND THE RAILWAY TERMINAL POST OFFICE BY MAIL MESSENGER SERVICE UNDER A SEPARATE CONTRACT AND THE MAIL WAS TRANSPORTED BETWEEN THE TERMINAL POST OFFICE AND THE DELAWARE.

A-25568, JANUARY 16, 1929, 8 COMP. GEN. 370

CONTRACTS - INCREASED COSTS - EXTRA MAIL SERVICE WHERE A CONTRACT PROVIDES THAT THE CONTRACTOR SHALL PERFORM WITHOUT ADDITIONAL COMPENSATION ANY ADDITIONAL SERVICE MADE NECESSARY BY A CHANGE IN LOCATION OF A RAILWAY TERMINAL POST OFFICE AND SUCH LOCATION IS CHANGED, THE CONTRACTOR IS NOT ENTITLED TO ADDITIONAL COMPENSATION FOR THE INCREASED SERVICE REQUIRED THEREBY.

COMPTROLLER GENERAL MCCARL TO THE POSTMASTER GENERAL, JANUARY 16, 1929:

THERE HAS BEEN RECEIVED, WITH REFERENCE TO DECISION DATED JUNE 23, 1928 (A23267), OF THIS OFFICE, TO THE EFFECT THAT UNDER A CERTAIN CONTRACT OF MAY 3, 1926, THE CONTRACTOR WAS NOT REQUIRED TO TRANSPORT, WITHOUT ADDITIONAL COMPENSATION, MAIL OVER AN INTERMEDIATE ROUTE WHICH HAD BEEN CARRIED AT THE DATE OF THE CONTRACT AND FOR A WHILE THEREAFTER, ON ELECTRIC TRAINS, YOUR LETTER OF DECEMBER 26, 1928, WHEREIN YOU REQUEST TO BE ADVISED WHETHER THAT RULE COULD BE EXTENDED TO ALLOW ADDITIONAL COMPENSATION TO A CONTRACTOR FOR SCREEN-WAGON SERVICE AT BINGHAMTON, N.Y., WHEN THE ADDITIONAL CARRIAGE OF THE MAILS WAS DUE TO A CHANGE IN THE LOCATION OF A TERMINAL POST OFFICE.

AT THE TIME THE SPECIFICATIONS AND ADVERTISEMENT FOR THE SCREEN WAGON SERVICE AT BINGHAMTON WERE PREPARED, THE POST OFFICE DEPARTMENT MAINTAINED A TERMINAL RAILWAY POST OFFICE APPROXIMATELY 82 FEET SOUTH OF THE UNION DEPOT, USED BY THE ERIE AND DELAWARE AND HUDSON RAILROADS, ACROSS THE TRACKS OF THE DELAWARE, LACKAWANNA AND WESTERN RAILROAD, AND APPROXIMATELY 193 FEET WEST OF THE DELAWARE, LACKAWANNA AND WESTERN DEPOT. AT THAT TIME THE MAIL WAS BEING TRANSPORTED OVER THE 82 FEET BETWEEN THE UNION DEPOT AND THE RAILWAY TERMINAL POST OFFICE BY MAIL MESSENGER SERVICE UNDER A SEPARATE CONTRACT AND THE MAIL WAS TRANSPORTED BETWEEN THE TERMINAL POST OFFICE AND THE DELAWARE, LACKAWANNA AND WESTERN DEPOT BY THE RAILROAD EMPLOYEES AS PART OF THE RAILWAY MAIL SERVICE REQUIRED BY THE TERMS OF THE CONTRACT OF SAID ROAD.

THE INSTRUCTIONS TO BIDDERS INFORMED PROSPECTIVE CONTRACTORS AS FOLLOWS:

5. FOLLOWING THE STATEMENT OF SERVICE UNDER EACH ROUTE ON A "SERVICE" BASIS IN THIS ADVERTISEMENT THERE IS GIVEN FOR THE INFORMATION OF THE PUBLIC THE RATE PAID FOR THE SERVICE OF CARRYING THE MAILS UNDER EXISTING CONTRACTS OR DESIGNATIONS, BUT THE EXISTING CONTRACTS OR DESIGNATION MAY NOT COVER ALL OF THE SERVICE THAT IS TO BE PERFORMED BY THE CONTRACTOR UNDER THIS ADVERTISEMENT.

6. THE SERVICE REQUIRED IS THE TRANSPORTATION OF THE MAILS BETWEEN POST OFFICES; BETWEEN POST OFFICES AND RAILROAD STATIONS; BETWEEN POST OFFICES AND STEAMBOAT LANDINGS; BETWEEN POST OFFICES AND ELECTRIC OR CABLE CARS; BETWEEN POST OFFICES AND TERMINAL RAILWAY POST OFFICES; BETWEEN TERMINAL RAILWAY POST OFFICES AND RAILROAD STATIONS; BETWEEN TERMINAL RAILWAY POST OFFICES AND STEAMBOAT LANDINGS; BETWEEN TERMINAL RAILWAY POST OFFICES AND ELECTRIC OR CABLE CARS; BETWEEN TWO OR MORE RAILROAD STATIONS; BETWEEN A RAILROAD STATION AND A STEAMBOAT LANDING; BETWEEN A RAILROAD STATION AND AN ELECTRIC OR CABLE CAR; BETWEEN TWO ELECTRIC OR CABLE CARS; BETWEEN AN ELECTRIC OR CABLE CAR AND A STEAMBOAT LANDING; BETWEEN TWO STEAMBOAT LANDINGS; TO OR FROM MAIL STATIONS OF A POST OFFICE; AND SUCH OTHER POINTS NAMED IN THE STATEMENT OF SERVICE FOR THE PARTICULAR ROUTE.

10. CONTRACTORS FOR THE SERVICE OF CARRYING THE MAILS ON ANY ROUTE UNDER THIS ADVERTISEMENT WILL BE REQUIRED TO PERFORM WITHOUT ADDITIONAL COMPENSATION ANY AND ALL ADDITIONAL SERVICE THAT MAY BE NECESSARY FROM JULY 1, 1925, OR AT ANY TIME THEREAFTER DURING THE CONTRACT TERM, BETWEEN POST OFFICES, BETWEEN THE POST OFFICE AND RAILROAD STATIONS, BETWEEN THE POST OFFICE AND STEAMBOAT LANDINGS, BETWEEN THE POST OFFICE AND MAIL STATIONS, BETWEEN THE POST OFFICE AND TERMINAL RAILWAY POST OFFICES, OR POINTS OF EXCHANGE WITH ELECTRIC OR CABLE CARS NAMED IN THE STATEMENT OF SERVICE FOR SUCH ROUTE IN THIS ADVERTISEMENT.

11. CONTRACTORS WILL ALSO BE REQUIRED TO PERFORM, WITHOUT ADDITIONAL COMPENSATION, ANY AND ALL ADDITIONAL SERVICE DURING THE CONTRACT TERM THAT MAY BE CAUSED BY CHANGES OF SITE OF THE SAID POST OFFICES, RAILROAD STATIONS, STEAMBOAT LANDINGS, MAIL STATIONS, TERMINAL RAILWAY POST OFFICES, OR POINTS OF EXCHANGE WITH ELECTRIC OR CABLE CARS AND TO AND FROM ANY NEW RAILROAD STATION WITHIN THE CITY USED BY A COMPANY NAMED IN THE SCHEDULE OF SERVICE, AND ALSO SUCH MAIL MESSENGER SERVICE AS MAY BE NECESSARY BETWEEN THE POST OFFICE AND A NEW RAILROAD USING THE DEPOT OF A RAILROAD NAMED IN THE SCHEDULE OF SERVICE, AND SUCH TRANSFER AND MAIL- STATION SERVICE AS MAY BE NECESSARY TO AND FROM SUCH RAILROAD; PROVIDED THAT IN THE CASE OF THE CHANGE OFSITE OF A MAIL STATION THE INCREASE IN DISTANCE TRAVELED BY REASON OF SUCH CHANGE OF SITE DOES NOT EXCEED ONE- QUARTER OF A MILE PER TRIP EACH WAY. THE DISCONTINUANCE OF A MAIL STATION, OR THE CONSOLIDATION OF TWO OR MORE STATIONS, AND THE ESTABLISHMENT OF ANOTHER IN LIEU THEREOF, WHETHER OF THE SAME NAME OR NOT, NOT INVOLVING AN INCREASE IN TRAVEL OR MORE THAN ONE-QUARTER OF A MILE EACH WAY PER TRIP, WILL BE REGARDED AS A CHANGE OF SITE, AND NO ADDITIONAL PAY WILL BE ALLOWED FOR THE INCREASED SERVICE CAUSED BY SUCH CHANGE.

12. THE STATEMENTS OF PROBABLE ADDITIONAL SERVICE THAT MAY BE NECESSARY ON SERVICE BASIS ROUTES UNDER THIS ADVERTISEMENT ARE GIVEN SO THAT BIDDERS MAY BE AS FULLY ADVISED AS POSSIBLE OF THE AMOUNT OF SERVICE LIKELY TO BE REQUIRED. SUCH STATEMENTS WILL NOT, HOWEVER, LIMIT THE LIABILITY OF THE CONTRACTORS TO PERFORM, WITHOUT ADDITIONAL COMPENSATION, ALL SERVICE OF THE KIND INDICATED THAT MAY BECOME NECESSARY.

EFFECTIVE DECEMBER 1, 1928, THE TERMINAL RAILWAY POST OFFICE WAS MOVED TO THE SIDE OF THE DELAWARE, LACKAWANNA AND WESTERN RAILROAD TRACKS ON WHICH WAS LOCATED THE UNION DEPOT, AND APPROXIMATELY 109 FEET WEST OF SAID DEPOT AND NEAR PROSPECT AVENUE. THEREUPON THE DELAWARE, LACKAWANNA AND WESTERN EMPLOYEES CEASED TO TRANSPORT THE MAIL BETWEEN THE TERMINAL POST OFFICE AND ITS DEPOT, AND THE SERVICE OF THE MAIL MESSENGER ON THE OLD ROUTE OF APPROXIMATELY 82 FEET WAS ALSO DISCONTINUED. THE RESULT IS THAT THE SCREEN-WAGON CONTRACTOR IS REQUIRED TO TRANSPORT ALL OF THE MAIL BETWEEN THE UNION DEPOT AND THE NEW TERMINAL POST OFFICE AND BETWEEN THE NEW TERMINAL POST OFFICE AND THE DELAWARE, LACKAWANNA AND WESTERN DEPOT, REQUIRING APPROXIMATELY 22 ADDITIONAL TRIPS DAILY FROM THE DELAWARE, LACKAWANNA AND WESTERN DEPOT TO THE UNION DEPOT, AND 26 ADDITIONAL TRIPS FROM THE UNION DEPOT TO THE DELAWARE, LACKAWANNA AND WESTERN DEPOT BY MEANS OF MOTOR TRUCKS AND 4-WHEEL HAND TRUCKS, AND 25 ADDITIONAL TRIPS PERFORMED BY AN EMPLOYEE OF THE CONTRACTOR USING A SMALL HAND TRUCK OR BY CARRYING POUCHES ON HIS BACK. IT IS STATED THAT THE CONTRACTOR HAS BEEN REQUIRED TO EMPLOY TWO ADDITIONAL PEOPLE AT AN EXPENSE OF $225 PER MONTH WITH THE INCREASED COST OF MAINTAINING AND OPERATING THE VEHICLE USED IN PERFORMANCE OF THE SERVICE.

THE CASE IS WHOLLY UNLIKE THAT CONSIDERED IN THE DECISION OF JUNE 23, 1928, SUPRA. THERE THE SCREEN-WAGON CONTRACTOR TRANSPORTED THE MAIL ON THE TERMINI OF A ROUTE BUT THE MAIL BETWEEN THE TERMINI WAS TRANSPORTED FOR PART OF THE DISTANCE UNDER ANOTHER CONTRACT BY AN ELECTRIC CARRIER. WAS DECIDED TO DISCONTINUE THE SERVICE ON THE ELECTRIC CARRIER AND REQUIRE THE CONTRACTOR TO CARRY THE MAIL OVER ALL THE DISTANCE BETWEEN THE TWO TERMINI AND IT WAS HELD THAT UNDER SUCH CIRCUMSTANCES, THE CONTRACTOR WAS ENTITLED TO ADDITIONAL COMPENSATION FOR THE CARRIAGE OF THE MAILS MADE NECESSARY BY THE DISCONTINUANCE OF THE ELECTRIC SERVICE. HERE, THE ADDITIONAL BURDEN ON THE CONTRACTOR WAS IMPOSED BECAUSE OF A CHANGE IN LOCATION OF THE TERMINAL POST OFFICE, WHICH RESULTED IN THE DISCONTINUANCE BY THE DELAWARE, LACKAWANNA AND WESTERN OF THE TRANSPORTATION OF A PART OF THE MAIL OVER A DISTANCE OF APPROXIMATELY 193 FEET BETWEEN THE DELAWARE, LACKAWANNA AND WESTERN DEPOT AND THE OLD TERMINAL POST OFFICE AND BY MAIL MESSENGER OVER A DISTANCE OF APPROXIMATELY 82 FEET BETWEEN THE UNION DEPOT AND THE OLD TERMINAL POST OFFICE. THE SAME OR APPROXIMATE VOLUME OF MAIL CONTINUES TO MOVE TO AND FROM THE UNION DEPOT THROUGH THE TERMINAL POST OFFICE AT ITS NEW LOCATION AND THE DELAWARE, LACKAWANNA AND WESTERN DEPOT OR DIRECT BETWEEN THE TWO DEPOTS.

THE OBLIGATION OF THE CONTRACTOR BOTH BEFORE AND AFTER THE REMOVAL OF THE RAILWAY TERMINAL POST OFFICE FROM THE SOUTH SIDE OF THE DELAWARE, LACKAWANNA AND WESTERN RAILROAD TRACKS TO THE NORTH SIDE THEREOF, AND NEAR PROSPECT AVENUE, DID NOT AFFECT THE CONTRACTOR'S OBLIGATION TO TRANSPORT THE MAIL BETWEEN THE UNION DEPOT AND THE TERMINAL POST OFFICE, THE DELAWARE, LACKAWANNA AND WESTERN DEPOT, AND THE GENERAL POST OFFICE. MERELY RESULTED IN HIS BEING REQUIRED TO TRANSPORT A GREATER QUANTITY OF MAIL--- THE QUANTITY OF MAIL THAT HAD THERETOFORE BEEN TRANSPORTED BY THE EMPLOYEES OF THE DELAWARE, LACKAWANNA AND WESTERN RAILROAD AND THE MAIL MESSENGER. THE CASE IS CONTROLLED BY THE DECISION OF THIS OFFICE DATED FEBRUARY 21, 1924, A 506, WHICH WAS AFFIRMED BY THE COURT OF CLAIMS IN HOPKINS V. UNITED STATES, 61 CT.CLS. 562. SEE, ALSO, WOOLVERTON V. UNITED STATES, 27 CT.CLS. 292, AND OTIS V. UNITED STATES, 20 CT.CLS. 315, AFFIRMED 120 U.S. 115, WHICH WERE CITED IN SAID DECISION OF THIS OFFICE.

WHILE THE CONTRACT MAY BE RESULTING UNPROFITABLY TO THE CONTRACTOR, THERE APPEARS NO JUSTIFICATION UNDER EXISTING LAWS FOR AUTHORIZING THE PAYMENT OF ANY PART OF THE ADDITIONAL ALLOWANCE CLAIMED. THEREFORE, YOU ARE ADVISED THAT UNDER THE CONTRACT THE CONTRACTOR AGREED TO PERFORM ANY ADDITIONAL SERVICE MADE NECESSARY BY THE CHANGE IN THE LOCATION OF THE TERMINAL POST OFFICE AND AS THE ADDITIONAL SERVICE WAS MADE NECESSARY BY SUCH CHANGE, HE IS NOT ENTITLED TO ADDITIONAL COMPENSATION THEREFOR AND HIS CONTRACT MAY NOT BE MODIFIED TO INCREASE THE STIPULATED COMPENSATION. SEE PREIS V. UNITED STATES, 58 CT.CLS. 81. ..END :