A-26130, MAY 8, 1929, 8 COMP. GEN. 594

A-26130: May 8, 1929

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SAID CONTRACTOR IS NOT ENTITLED TO ADDITIONAL COMPENSATION IF THE SITE AT WHICH A PARTICULAR MAIL ARRIVES AND DEPARTS IS CHANGED. NEITHER OF WHICH WAS NAMED IN THE SCHEDULE OF SERVICE AT THE TIME THE CONTRACT WAS ENTERED INTO. IT IS NOTED THAT YOU HAVE QUOTED SEVERAL SECTIONS FROM THE INSTRUCTIONS TO BIDDERS. SUBJECT TO WHICH ALL PROPOSALS WERE SUBMITTED. WHILE PORTIONS OF SOME OF THE SECTIONS SO QUOTED MAY NOT HAVE A DIRECT BEARING ON YOUR DECISION IN THE CASE IN QUESTION THEY NEVERTHELESS RAISE A DOUBT AS TO THE LATITUDE OF THE DEPARTMENT IN AFFORDING RELIEF IN SOMEWHAT SIMILAR CASES. WHERE THE MAIL WAS PICKED UP BY ANOTHER RAILROAD AND BROUGHT IN TO THE LOUISVILLE AND NASHVILLE RAILROAD STATION AT MOBILE.

A-26130, MAY 8, 1929, 8 COMP. GEN. 594

CONTRACTS - MAIL SERVICE - INCREASED COMPENSATION FOR SCREEN-WAGON SERVICE WHERE A CONTRACT FOR SCREEN-WAGON SERVICE PROVIDED THAT THE CONTRACTOR SHALL NOT BE ENTITLED TO ADDITIONAL COMPENSATION BECAUSE OF ADDITIONAL SERVICE CAUSED BY CHANGING THE SITE OF A RAILROAD STATION, SAID CONTRACTOR IS NOT ENTITLED TO ADDITIONAL COMPENSATION IF THE SITE AT WHICH A PARTICULAR MAIL ARRIVES AND DEPARTS IS CHANGED, REGARDLESS OF THE ADDITIONAL DISTANCE INVOLVED AND REGARDLESS, ALSO, OF THE FACT THAT THE CHANGE INVOLVED THE USE OF A NEW DEPOT BY A NEW RAILROAD, NEITHER OF WHICH WAS NAMED IN THE SCHEDULE OF SERVICE AT THE TIME THE CONTRACT WAS ENTERED INTO.

COMPTROLLER GENERAL MCCARL TO THE POSTMASTER GENERAL, MAY 8, 1929:

CONSIDERATION HAS BEEN GIVEN YOUR LETTER OF FEBRUARY 13, 1929, AS FOLLOWS:

IN YOUR DECISION OF JANUARY 16, 1929, A-25568, IN CONNECTION WITH THE QUESTION OF GRANTING ADDITIONAL COMPENSATION TO THE SCREEN-WAGON CONTRACTOR AT BINGHAMTON, N.Y., IT IS NOTED THAT YOU HAVE QUOTED SEVERAL SECTIONS FROM THE INSTRUCTIONS TO BIDDERS, SUBJECT TO WHICH ALL PROPOSALS WERE SUBMITTED, AND WHILE PORTIONS OF SOME OF THE SECTIONS SO QUOTED MAY NOT HAVE A DIRECT BEARING ON YOUR DECISION IN THE CASE IN QUESTION THEY NEVERTHELESS RAISE A DOUBT AS TO THE LATITUDE OF THE DEPARTMENT IN AFFORDING RELIEF IN SOMEWHAT SIMILAR CASES.

THE ALABAMA, TENNESSEE AND NORTHERN RAILROAD CO. HAS RECENTLY BUILT A DEPOT AT MOBILE, ALA., WHICH THE REFORM AND MOBILE RAILWAY POST OFFICE MAIL TRAINS ENTER AND LEAVE. PRIOR TO THE OCCUPANCY OF THE NEW DEPOT, THE REFORM AND MOBILE RAILWAY POST OFFICE ENDED AT CALVERT, ALA., APPROXIMATELY 34 MILES OF MOBILE, WHERE THE MAIL WAS PICKED UP BY ANOTHER RAILROAD AND BROUGHT IN TO THE LOUISVILLE AND NASHVILLE RAILROAD STATION AT MOBILE.

THE LOUISVILLE AND NASHVILLE RAILROAD DEPOT IS 0.5 OF A MILE FROM THE POST OFFICE, WHEREAS THE NEW DEPOT OF THE ALABAMA, TENNESSEE AND NORTHERN RAILROAD DEPOT IS 1.6 MILES FROM THE POST OFFICE, AND J. C. MCLENDON, SCREEN-WAGON CONTRACTOR ON ROUTE 424001 AT MOBILE, HAS REQUESTED ADDITIONAL COMPENSATION TO COVER THE COST OF THE ADDITIONAL SERVICE HE HAS BEEN CALLED UPON TO PERFORM.

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

A DECISION IS DESIRED AS TO WHETHER THE CONTRACTOR SHOULD BE REQUIRED TO PERFORM SERVICE TO AND FROM THIS ADDITIONAL POINT OR IF THE DEPARTMENT MAY ADVERTISE FOR MAIL MESSENGER SERVICE WITH THE IDEA OF ESTABLISHING A MAIL MESSENGER ROUTE BETWEEN THE POST OFFICE AND THE NEW DEPOT.

IN THE DECISION CITED BY YOU, 8 COMP. GEN. 370, IT WAS HELD IN SUBSTANCE THAT 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.

IN CONNECTION WITH THE SERVICE AT MOBILE, HERE UNDER CONSIDERATION, THE ADVERTISEMENT INVITING PROPOSALS FOR THE SERVICE OF CARRYING THE MAILS IN REGULATION SCREEN WAGONS FOR THE PERIOD JULY 1, 1928, TO JUNE 30, 1932, ITEMIZED THE SERVICES THEN IN EFFECT AS FOLLOWS:

TABLE

NUMBER OF TRIPS

DAILY ON ADDITIONAL TOTAL RUNNING

DISTANCE EXCEPT SUNDAY PER WEEK PER TIME,

SUNDAY WEEK MOTOR

WAGONS FROM THE GENERAL POST OFFICE TO THE FOLLOWING-NAMED POINTS: LOUISVILLE AND NASHVILLE R.R.CO. MILES

MIN. (112760) --------- 0.60 9 7 ------- 61 5 GULF TERMINAL DEPOT ------- ----- .50 7 6 -------- 48 5 MOBILE AND OHIO R.R.CO. (112762) -------- ---- - ------ ------- ------- ----- SOUTHERN RY. CO. (104808) --------- ------ ------- ------ ----- -- ------ ------ GULF, MOBILE AND NORTHERN R.R. CO. (112738) -------- 1.00 2 1 -------- 13 7 STEAMBOAT LANDING (24098) ------- --- .40 1 1 -------- 7 4 MOBILE LIGHT AND RAILROAD CO. (312105) --------- .10 4 1 -------- 25 2 TO THE GENERAL POST OFFICE FROM THE FOLLOWING-NAMED POINTS: LOUISVILLE AND NASHVILLE R.R. CO. (112760) - ------- .60 10 8 ---- ---- 68 5 GULF TERMINAL DEPOT ------------ .50 4 3 --------27 5 MOBILE AND OHIO R.R. CO. (112762) ----- -------- ------- ---- -- -------- ------ ---- -- SOUTHERN RY.CO. (104808) --------- ------ - ------- ------- -------- -- ---- ------ GULF, MOBILE AND NORTHERN R.R. CO. (112738) ----- 1.00 2 1 --- ----- 13 7 STEAMBOAT LANDING (24098) ---------- .40 1 ------- 1 7 4 MOBILE LIGHT AND RAILROAD CO. (312105) -------- .10 4 2 -------- 26 2

IN THE INSTRUCTIONS TO BIDDERS CONTAINED IN AND MADE A PART OF THE ADVERTISEMENT WHICH FORMS THE BASIS OF THE CONTRACT, IT IS PROVIDED IN SPECIFIC TERMS, PARAGRAPH 5, THAT "THE EXISTING CONTRACT OR DESIGNATION MAY NOT COVER ALL OF THE SERVICE THAT IS TO BE PERFORMED BY THE CONTRACTOR UNDER THIS ADVERTISEMENT.' ALSO, IT IS PROVIDED UNDER PARAGRAPH 11 OF SUCH INSTRUCTIONS THAT:

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 TRANSPORTATION 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 OF SITE 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 OF 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.

AS STATED IN YOUR LETTER, THE NEW DEPOT OF THE ALABAMA, TENNESSEE AND NORTHERN RAILWAY IS NOT A POINT NAMED IN THE STATEMENT OF SERVICE IN THE ADVERTISEMENT, NEITHER IS THE RAILROAD NAMED THEREIN, BUT THE LOUISVILLE AND NASHVILLE RAILROAD CO. IS NAMED THEREIN, AND IT IS EVIDENT FROM THE FACTS AS PRESENTED THAT THE CASE INVOLVES, SO FAR AS THE MAIL HERE IN QUESTION IS CONCERNED, A CHANGE OF SITE OF A RAILROAD STATION, AS TO WHICH PARAGRAPH 11, SUPRA, PROVIDES THAT THE CONTRACTOR SHALL BE REQUIRED TO PERFORM, WITHOUT ADDITIONAL COMPENSATION, THE ADDITIONAL SERVICE REQUIRED BY SAID CHANGE. THE PROVISO IN THE ABOVE QUOTATION RELATING TO CHANGE OF SITE OF MAIL STATIONS, IN WHICH CASES THE CONTRACTOR IS ENTITLED TO ADDITIONAL COMPENSATION IF THE INCREASE IN DISTANCE IS IN EXCESS OF ONE- QUARTER OF A MILE EACH WAY, IS NOT APPLICABLE TO THE PRESENT CASE SINCE THE INCREASED HAUL IN THIS CASE IS NOT DUE TO A "CHANGE OF SITE OF A MAIL STATION" BUT IS DUE TO A CHANGE OF SITE OF A RAILROAD STATION, AND, WITH RESPECT TO CHANGE OF SITE OF RAILROAD STATIONS, IT IS PROVIDED THAT THE CONTRACTOR SHALL BE REQUIRED TO PERFORM THE ADDITIONAL SERVICES WITHOUT ADDITIONAL COMPENSATION REGARDLESS OF THE ADDITIONAL DISTANCE INVOLVED.

THE CASE PRESENTED BY YOUR SUBMISSION INVOLVES SUBSTANTIALLY THE SAME PRINCIPLE AS THAT IN THE CASE DEALT WITH IN THE DECISION, 8 COMP. GEN. 370, AND, ACCORDINGLY, YOU ARE ADVISED THAT THE CONTRACTOR SHOULD BE REQUIRED TO PERFORM THE SERVICES REQUIRED BY THE CHANGE OF SITE OF THE RAILROAD STATION AT AND FROM WHICH THE REFORM AND MOBILE MAIL ARRIVES AND DEPARTS WITHOUT ADDITIONAL COMPENSATION, AND THAT THERE IS NO AUTHORITY FOR THE DEPARTMENT TO ADVERTISE AND ENTER INTO CONTRACT FOR MAIL MESSENGER SERVICE FOR THE PURPOSE OF ESTABLISHING A MAIL MESSENGER ROUTE BETWEEN THE POST OFFICE AND THE NEW DEPOT.