B-102432, DEC 16, 1952

B-102432: Dec 16, 1952

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PRECIS-UNAVAILABLE GENERAL SAWYER CHIEF OF FINANCE: REFERENCE IS MADE TO YOUR EIGHTH INDORSEMENT (FINEY 167/698787. THE CLAIM WAS DISALLOWED BY SETTLEMENT OF APRIL 17. ON THE GROUND THAT THERE WAS NO BASIS FOR THE CLAIMANT'S CONTENTION THAT IT WAS ENTITLED TO PAYMENT OF THE MINIMUM QUANTITY CALLED FOR IN THE CONTRACT AT THE UNIT PRICE SPECIFIED THEREIN AND ON THE FURTHER GROUND THAT NO EVIDENCE WAS SUBMITTED AS TO THE AMOUNT OF DAMAGES SUSTAINED AND SUCH ACTION WAS SUSTAINED IN DECISION OF NOVEMBER 2. OF EXPENSES ALLEGED TO HAVE BEEN INCURRED BY IT WHILE OPERATING THE PLANT UNDER THE CONTRACT DURING THE MONTHS OF JULY AND AUGUST 1950. THESE TWO ITEMS ARE INCLUDED IN THE AMOUNT OF $1. THIS OFFICE HAS NO INFORMATION CONCERNING THE ABOVE EXPENSES ALLEGED TO HAVE BEEN INCURRED BY THE CLAIMANT INCIDENT TO THE PERFORMANCE OF CONTRACT NO.

B-102432, DEC 16, 1952

PRECIS-UNAVAILABLE

GENERAL SAWYER CHIEF OF FINANCE:

REFERENCE IS MADE TO YOUR EIGHTH INDORSEMENT (FINEY 167/698787, MCCASKILL AND SONS (18 DEC. 50)), FORWARDING FOR SETTLEMENT THE CLAIM OF MCCASKILL AND SONS FOR $2,023.12, AS THE BALANCE DUE FOR FURNISHING ICE TO VARIOUS NATIONAL GUARD UNITS F.O.B. FORT LEONARD WOOD, MISSOURI, UNDER CONTRACT NO. DA-23-037-AV-13, DATED JULY 10, 1950. THE AMOUNT CLAIMED REPRESENTS THE CONTRACT PRICE FOR THE MINIMUM QUANTITY CALLED FOR IN THE CONTRACT AND THE AMOUNT HERETOFORE PAID THE CONTRACTOR FOR ACTUAL DELIVERIES MADE, I.E., $4,455 LESS $2,431.88.

THE CLAIM WAS DISALLOWED BY SETTLEMENT OF APRIL 17, 1951, ON THE GROUND THAT THERE WAS NO BASIS FOR THE CLAIMANT'S CONTENTION THAT IT WAS ENTITLED TO PAYMENT OF THE MINIMUM QUANTITY CALLED FOR IN THE CONTRACT AT THE UNIT PRICE SPECIFIED THEREIN AND ON THE FURTHER GROUND THAT NO EVIDENCE WAS SUBMITTED AS TO THE AMOUNT OF DAMAGES SUSTAINED AND SUCH ACTION WAS SUSTAINED IN DECISION OF NOVEMBER 2, 1951, B 102432. THE CLAIMANT HAS REQUESTED RECONSIDERATION OF ITS CLAIM AND IN SUPPORT OF SUCH REQUEST, HAS FURNISHED AN ITEMIZED STATEMENT, COPY ENCLOSED, OF EXPENSES ALLEGED TO HAVE BEEN INCURRED BY IT WHILE OPERATING THE PLANT UNDER THE CONTRACT DURING THE MONTHS OF JULY AND AUGUST 1950.

THE ITEM OF $370.97 REPRESENTS RENTAL ACCRUING TO THE GOVERNMENT UNDER LEASE NUMBER W 25-075-ENG-8892, AS AMENDED, FOR THE PERIOD BEGINNING JULY 17, 1950, AND ENDING AUGUST 31, 1950, AT THE RATE OF $250 PER MONTH. THE ITEM OF $752.56 REPRESENTS THE COST OF ELECTRIC POWER AND WATER FURNISHED THE CONTRACTOR BY THE GOVERNMENT DURING THE PERIOD INVOLVED AS REQUIRED BY PARAGRAPH 17 OF THE AFORESAID LEASE. THESE TWO ITEMS ARE INCLUDED IN THE AMOUNT OF $1,126.53 CERTIFIED DUE THE UNITED STATES FROM THE CLAIMANT UNDER THE LEASE BY SETTLEMENT OF JULY 11, 1952. OTHERWISE, THIS OFFICE HAS NO INFORMATION CONCERNING THE ABOVE EXPENSES ALLEGED TO HAVE BEEN INCURRED BY THE CLAIMANT INCIDENT TO THE PERFORMANCE OF CONTRACT NO. DA-23 -037-AV-13.

ACCORDINGLY, WITH THE EXCEPTION OF THE TWO ITEMS MENTIONED ABOVE, IT IS REQUESTED THAT THE COSTS SET FORTH IN THE SAID ITEMIZED STATEMENT BE VERIFIED. ALSO, IT IS REQUESTED THAT A SPECIFIC ADMINISTRATIVE DETERMINATION BE MADE OF THE AMOUNT IT WOULD HAVE COST THE CONTRACTOR TO PRODUCE 891,000 POUNDS OF ICE, WHICH IS THE MINIMUM QUANTITY THE GOVERNMENT WAS OBLIGATED TO TAKE UNDER THE CONTRACT.

AN EARLY REPLY WILL BE APPRECIATED.