A-34402, DECEMBER 4, 1930, 10 COMP. GEN. 250

A-34402: Dec 4, 1930

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OF A MEMORIAL IS TERMINATED AND THE CONTRACT PROVIDED THAT UPON SUCH TERMINATION. THE ARCHITECT IS TO BE PAID IN PROPORTION TO THE SERVICES RENDERED. PAYMENT OF THE AMOUNT THUS AGREED UPON IS AUTHORIZED. WHEREIN DECISION IS REQUESTED WHETHER. IS AUTHORIZED. THE DOUBT IN THE MATTER SEEMS TO HAVE ARISEN BECAUSE IT HAS BEEN CONCLUDED BY THE COMMISSION NOT TO ERECT THE MONUMENT AT PONTA DELGADA. FOR WHICH THE ARCHITECT WAS EMPLOYED TO SUBMIT PRELIMINARY STUDIES. ARTICLE 14 OF THE CONTRACT PROVIDED THAT: THE CONTRACTING OFFICER SHALL HAVE THE RIGHT. TO TERMINATE THIS AGREEMENT WHENEVER IN HIS OPINION IT IS TO BE THE BEST INTEREST OF THE COMMISSION TO DO SO. IT SEEMS THAT BEFORE IT WAS DECIDED NOT TO ERECT A MONUMENT AT PONTA DELGADA THE ARCHITECT HAD PREPARED AND SUBMITTED TO THE COMMISSION PRELIMINARY DESIGNS FOR THE PROPOSED MEMORIAL.

A-34402, DECEMBER 4, 1930, 10 COMP. GEN. 250

CONTRACTS - ARCHITECTS - TERMINATION WHERE A CONTRACT WITH AN ARCHITECT FOR THE DESIGN, ETC., OF A MEMORIAL IS TERMINATED AND THE CONTRACT PROVIDED THAT UPON SUCH TERMINATION, THE ARCHITECT IS TO BE PAID IN PROPORTION TO THE SERVICES RENDERED, AND THE AMOUNT AGREED UPON BETWEEN THE ARCHITECT AND THE CONTRACTING OFFICER AS TO THE PROPORTIONATE VALUE OF THE SERVICES RENDERED APPEARS TO BE REASONABLE IN THE LIGHT OF OTHER PROVISIONS OF THE CONTRACT, PAYMENT OF THE AMOUNT THUS AGREED UPON IS AUTHORIZED.

COMPTROLLER GENERAL MCCARL TO THE CHAIRMAN, AMERICAN BATTLE MONUMENTS COMMISSION, DECEMBER 4, 1930:

THERE HAS BEEN RECEIVED A SUBMISSION DATED NOVEMBER 22, 1930, FROM THE SECRETARY OF THE AMERICAN BATTLE MONUMENTS COMMISSION, WHEREIN DECISION IS REQUESTED WHETHER, UNDER CONTRACT ABM-P-87, DATED AUGUST 3, 1929, A PAYMENT OF $234 ON APPROVED VOUCHER STATED IN FAVOR OF PAUL P. CRET, THE ARCHITECT AND CONTRACTOR, IS AUTHORIZED. THE DOUBT IN THE MATTER SEEMS TO HAVE ARISEN BECAUSE IT HAS BEEN CONCLUDED BY THE COMMISSION NOT TO ERECT THE MONUMENT AT PONTA DELGADA, AZORES, FOR WHICH THE ARCHITECT WAS EMPLOYED TO SUBMIT PRELIMINARY STUDIES, DESIGNS, ETC.

ARTICLE 6 OF THE CONTRACT STIPULATED A TOTAL FEE OF $1,000 TO THE ARCHITECT, 30 PER CENT TO BE PAID UPON THE APPROVAL OF THE PRELIMINARY DESIGN BY THE COMMISSION, AND 60 PER CENT UPON APPROVAL AND FORMAL ACCEPTANCE BY THE CONTRACTING OFFICER OF THE WORKING DRAWINGS, SPECIFICATIONS, AND DETAILED DRAWINGS, WITH AN ADDITIONAL ALLOWANCE OF $1,000 FOR EACH ROUND TRIP, NOT TO EXCEED TWO, FROM THE UNITED STATES TO PONTA DELGADA, MADE BY THE ARCHITECT OR HIS REPRESENTATIVE IN CONNECTION WITH THE WORK. ARTICLE 14 OF THE CONTRACT PROVIDED THAT:

THE CONTRACTING OFFICER SHALL HAVE THE RIGHT, WITH THE APPROVAL OF THE COMMISSION, TO TERMINATE THIS AGREEMENT WHENEVER IN HIS OPINION IT IS TO BE THE BEST INTEREST OF THE COMMISSION TO DO SO. IN THE EVENT OF SUCH TERMINATION, THE ARCHITECT SHALL BE PAID IN PROPORTION TO THE SERVICES RENDERED.

IT SEEMS THAT BEFORE IT WAS DECIDED NOT TO ERECT A MONUMENT AT PONTA DELGADA THE ARCHITECT HAD PREPARED AND SUBMITTED TO THE COMMISSION PRELIMINARY DESIGNS FOR THE PROPOSED MEMORIAL, BUT THAT SAID DESIGNS WERE NOT ACTED UPON BY THE COMMISSION. HAD IT BEEN CONCLUDED TO PROCEED WITH THE ERECTION, AND THE DESIGNS SUBMITTED HAD BEEN APPROVED AND ACCEPTED BY THE COMMISSION, THE ARCHITECT WOULD HAVE BEEN ENTITLED TO PAYMENT OF 30 PER CENT OF THE COMMISSION OR $300. HOWEVER, ARTICLE 3 OF THE CONTRACT PROVIDES THAT IF THE DESIGN SUBMITTED IS NOT APPROVED BY THE COMMISSION, THE ARCHITECT SHALL BE GIVEN THE OPPORTUNITY TO SUBMIT SUCH ADDITIONAL PRELIMINARY STUDIES AND DESIGNS AS HE MAY DESIRE AND THAT IN THE EVENT NO PRELIMINARY DESIGN SUBMITTED MEETS WITH THE APPROVAL OF THE COMMISSION THE ARCHITECT WILL BE PAID $250 FOR HIS SERVICES. IN THE PRESENT CASE THE ARCHITECT SUBMITTED ONLY ONE SET OF PRELIMINARY STUDIES AND DESIGNS AND AS THEY WERE NOT ACTED UPON BY THE COMMISSION IT IS NOT KNOWN WHETHER THEY WOULD OR WOULD NOT MEET THE APPROVAL OF THE COMMISSION. THEREFORE, THE ARCHITECT IS ENTITLED, UNDER ARTICLE 14 OF THE CONTRACT, TO BE PAID ONLY "IN PROPORTION TO THE SERVICES RENDERED.' HE CLAIMS $234 ON THAT BASIS AND THE COMMISSION HAS APPROVED THE CLAIM.

THE APPROVED VOUCHER IS BEING RETURNED AND YOU ARE ADVISED THAT, IF OTHERWISE CORRECT, PAYMENT OF $234 THEREON TO THE ARCHITECT IS AUTHORIZED.