A-31399, MAY 21, 1930, 9 COMP. GEN. 479

A-31399: May 21, 1930

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SUCH ADDITIONAL SERVICE NOT BEING SUCH AS IS REQUIRED UNDER HIS CONTRACT TO BE PERFORMED WITHOUT ADDITIONAL COMPENSATION. IS ENTITLED TO PAY FOR THE ADDITIONAL SERVICE. 1930: REFERENCE IS HAD TO YOUR LETTER OF APRIL 12. WHICH IS NOT A POINT NAMED IN THE CONTRACT OR IN THE ADVERTISEMENT. SUBJECT TO WHICH THE CONTRACT WAS MADE. THE COST OF WHICH IS APPROXIMATELY $50 A MONTH. THE CONTRACTOR HAS REQUESTED AN INCREASE IN COMPENSATION AND UNDER THE DEPARTMENT'S INTERPRETATION OF THE SCREEN-WAGON CONTRACT HE IS ENTITLED TO ADDITIONAL PAY. WE ARE IN DOUBT AS TO WHETHER THE CONTRACTOR AT MONTGOMERY MAY PROPERLY BE GRANTED RELIEF IN THE CASE UNDER CONSIDERATION AND. YOUR RULING ON THIS POINT IS REQUESTED.

A-31399, MAY 21, 1930, 9 COMP. GEN. 479

CONTRACTS - POSTAL SERVICE - SCREEN-WAGON SERVICE A CONTRACTOR REQUIRED TO PERFORM SCREEN-WAGON SERVICE BETWEEN THE RAILROAD DEPOT AND A NEW POSTAL STATION, IN ADDITION TO MAINTAINING REGULAR SERVICE BETWEEN THE RAILROAD DEPOT AND THE OLD POSTAL STATION, SUCH ADDITIONAL SERVICE NOT BEING SUCH AS IS REQUIRED UNDER HIS CONTRACT TO BE PERFORMED WITHOUT ADDITIONAL COMPENSATION, IS ENTITLED TO PAY FOR THE ADDITIONAL SERVICE.

COMPTROLLER GENERAL MCCARL TO THE POSTMASTER GENERAL, MAY 21, 1930:

REFERENCE IS HAD TO YOUR LETTER OF APRIL 12, 1930, AS FOLLOWS:

ON MARCH 1, 1930, THE DEPARTMENT ESTABLISHED A PARCEL-POST STATION AT MONTGOMERY, ALABAMA, AT A POINT .45 OF A MILE FROM THE UNION DEPOT AND .35 OF A MILE FROM THE POST OFFICE.

SINCE THE ESTABLISHMENT OF THE NEW STATION, WHICH IS NOT A POINT NAMED IN THE CONTRACT OR IN THE ADVERTISEMENT, SUBJECT TO WHICH THE CONTRACT WAS MADE, THE CONTRACTOR FOR SCREEN-WAGON SERVICE HAS BEEN REQUIRED TO MAKE SEVEN TRIPS DAILY THERETO. THIS ADDITIONAL SERVICE INVOLVES AN INCREASE OF TWO HOURS PER DAY IN TRUCK TIME, THE COST OF WHICH IS APPROXIMATELY $50 A MONTH, INCLUDING THE COMPENSATION OF THE DRIVER WHO OPERATES THE TRUCK. THE CONTRACTOR HAS REQUESTED AN INCREASE IN COMPENSATION AND UNDER THE DEPARTMENT'S INTERPRETATION OF THE SCREEN-WAGON CONTRACT HE IS ENTITLED TO ADDITIONAL PAY.

IN VIEW OF YOUR OPINIONS IN THE MOBILE, ALABAMA, CASE (A-26130) AND THE AUBURN, NEW YORK, CASE (A-3910), WE ARE IN DOUBT AS TO WHETHER THE CONTRACTOR AT MONTGOMERY MAY PROPERLY BE GRANTED RELIEF IN THE CASE UNDER CONSIDERATION AND, THEREFORE, YOUR RULING ON THIS POINT IS REQUESTED.

A COPY OF THE ADVERTISEMENT, SUBJECT TO WHICH THE CONTRACT WAS MADE, IS INCLOSED FOR YOUR INFORMATION.

YOUR LETTER OF MAY 6, 1930, IDENTIFIED THE CONTRACT IN QUESTION AS THAT HELD BY CLARENCE J. HINES FOR SCREEN-WAGON SERVICE ON ROUTE 424002 AT MONTGOMERY, ALABAMA, AT A CONSIDERATION OF $3,950 PER ANNUM, WHICH CONTRACT PROVIDES IN PART:

TENTH. TO PERFORM, WITHOUT ADDITIONAL COMPENSATION, ANY AND ALL ADDITIONAL SERVICE THAT THE POSTMASTER GENERAL MAY ORDER 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 THE POINTS OF EXCHANGE WITH ELECTRIC OR CABLE CARS, AND BETWEEN THE SEVERAL POST OFFICES, RAILROAD STATIONS, STEAMBOAT LANDINGS, MAIL STATIONS, OR POINTS OF EXCHANGE WITH ELECTRIC OR CABLE CARS, NAMED IN SCHEDULE OF SERVICE FOR SAID ROUTE IN SAID ADVERTISEMENT. ALSO TO PERFORM, WITHOUT ADDITIONAL COMPENSATION, ANY AND ALL ADDITIONAL SERVICE DURING THE CONTRACT TERMS THAT MAY BE CAUSED BY CHANGES OF SITE OF SAID POST OFFICES, RAILROAD STATIONS, STEAMBOAT LANDINGS, MAIL STATIONS, 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 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 AND THE ESTABLISHMENT OF ANOTHER IN ITS STEAD NOT INVOLVING AN INCREASE IN TRAVEL OF MORE THAN ONE-QUARTER OF A MILE EACH WAY PER TRIP TO BE REGARDED AS A CHANGE OF SITE, AND NO ADDITIONAL PAY TO BE ALLOWED FOR THE INCREASED SERVICE CAUSED BY SUCH CHANGE.

BY DECISION OF MARCH 21, 1930, A-30910, THE SCREEN-WAGON CONTRACTOR AT AUBURN, N.Y., WAS HELD NOT ENTITLED TO ADDITIONAL COMPENSATION DUE TO THE DISCONTINUANCE OF ONE RAILROAD DEPOT WHICH NECESSITATED THE CARRYING OF A PORTION OF THE MAIL AN ADDITIONAL DISTANCE OF 0.76 OF A MILE FROM ANOTHER RAILROAD DEPOT. DECISION OF MAY 8, 1929, 8 COMP. GEN. 594, AFFIRMED AUGUST 26, 1929, A-26130, DENIED RELIEF TO THE CONTRACTOR AT MOBILE, ALABAMA, FOR TRANSPORTATION OF MAIL OVER AN ADDITIONAL DISTANCE RENDERED NECESSARY BY THE ESTABLISHMENT OF A NEW RAILROAD DEPOT. (SEE, ALSO, 8 COMP. GEN. 370.)

THE SITUATION IN THE PRESENT SUBMISSION DOES NOT INVOLVE THE CHANGE OF THE SITE OF A POST OFFICE OR OF A RAILROAD STATION OR THE DISCONTINUANCE OF AN OLD OR THE ESTABLISHMENT OF A NEW RAILROAD STATION, BUT INVOLVES THE ESTABLISHMENT OF A MAIL STATION MORE THAN ONE-QUARTER OF A MILE DISTANT FROM EITHER THE OLD STATION OR FROM THE RAILROAD DEPOT. THE ADDITIONAL SERVICE BETWEEN THE RAILROAD DEPOT AND THE NEW MAIL STATION IS NOT, THEREFORE, SUCH AS IS REQUIRED BY THE CONTRACT TO BE PERFORMED WITHOUT ADDITIONAL COMPENSATION. YOUR SUBMISSION IS ANSWERED ACCORDINGLY.