B-104515, AUG 13, 1951

B-104515: Aug 13, 1951

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WEST WAS ENGAGED IN THE WRITING OF A SCRIPT FOR A MOTION PICTURE REEL PURSUANT TO THE PROVISIONS OF CONTRACT NO. THE SCRIPT WAS TO BE FURNISHED AT A PRICE OF $500. WEST WAS TO BE FURNISHED TRANSPORTATION AND PAID A PER DIEM CALCULATED AT THE RATE OF $10 PER DAY FOR TRAVEL IN CONNECTION WITH RESEARCH WORK AS REQUIRED IN THE PREPARATION OF THE SCRIPT. PARAGRAPH 32(B) OF THE CONTRACT PROVIDES THAT PER DIEM SHALL BE PAID ONLY FOR THE TIME DURING WHICH THE CONTRACTOR AS SCRIPT WRITER IS TRAVELING BY GOVERNMENT FURNISHED TRANSPORTATION. STIPULATES THAT "ALL OTHER TRAVEL INCIDENTAL TO THE PERFORMANCE OF THIS CONTRACT IS INCLUDED IN THE TOTAL PRICE SET FORTH IN PARAGRAPH (A) ABOVE.". WAS QUALIFIED BY LETTER DATED NOVEMBER 17.

B-104515, AUG 13, 1951

PRECIS-UNAVAILABLE

LIEUTENANT COLONEL HOKE MCWHORTER, USAF:

THERE HAS BEEN RECEIVED BY REFERENCE FROM THE DIRECTOR OF FINANCE YOUR LETTER OF MARCH 23, 1951, TRANSMITTING A VOUCHER IN THE AMOUNT OF $240, STATED IN FAVOR OF ROBERT TREE WEST, 245-37 76TH AVENUE, BELROSE, QUEENS, NEW YORK, WITH THE REQUEST THAT A DECISION BE RENDERED AS TO THE AMOUNT PROPERLY FOR PAYMENT THEREON.

THE VOUCHER COVERS PER DIEM AT THE RATE OF $10 PER DAY FOR 24 DAYS, JANUARY 10 TO FEBRUARY 2, 1951, INCLUSIVE, DURING WHICH TIME MR. WEST WAS ENGAGED IN THE WRITING OF A SCRIPT FOR A MOTION PICTURE REEL PURSUANT TO THE PROVISIONS OF CONTRACT NO. AF 33(038)-18498, DATED DECEMBER 27, 1950. THE SCRIPT WAS TO BE FURNISHED AT A PRICE OF $500, AND MR. WEST WAS TO BE FURNISHED TRANSPORTATION AND PAID A PER DIEM CALCULATED AT THE RATE OF $10 PER DAY FOR TRAVEL IN CONNECTION WITH RESEARCH WORK AS REQUIRED IN THE PREPARATION OF THE SCRIPT. PARAGRAPH 32(B) OF THE CONTRACT PROVIDES THAT PER DIEM SHALL BE PAID ONLY FOR THE TIME DURING WHICH THE CONTRACTOR AS SCRIPT WRITER IS TRAVELING BY GOVERNMENT FURNISHED TRANSPORTATION. PARAGRAPH 32(C) SPECIFIES THE POINT OF DEPARTURE AND RETURN TO BE AN AIR FIELD IN THE VICINITY OF WASHINGTON, D.C., AND STIPULATES THAT "ALL OTHER TRAVEL INCIDENTAL TO THE PERFORMANCE OF THIS CONTRACT IS INCLUDED IN THE TOTAL PRICE SET FORTH IN PARAGRAPH (A) ABOVE."

HOWEVER, WITH RESPECT TO THE APPLICATION OF SAID CONTRACT PROVISIONS, THE CONTRACTOR'S BID, THE ACCEPTANCE OF WHICH RESULTED IN THE CONTRACT OF DECEMBER 27, 1950, WAS QUALIFIED BY LETTER DATED NOVEMBER 17, 1950, WHEREIN IT IS STATED THAT "MY BID IS $500.00 FOR THE ONE AND ONE-HALF REEL PRODUCTION; PLUS ALL TRANSPORTATION, AND SUBSISTENCE PAY OF $10.00 PER DIEM FOR EACH DAY I AM AWAY FROM MY RESIDENCE." IN VIEW THEREOF, THERE IS PERCEIVED NO LEGAL OBJECTION TO THE TRAVEL AUTHORIZATION OF JANUARY 3, 1951, WHEREBY THE CONTRACTOR WAS INSTRUCTED TO PROCEED FROM NEW YORK CITY TO WASHINGTON, D.C., AND TOKYO, JAPAN, FOR THE PURPOSE OF OBTAINING BACKGROUND INFORMATION, AND WHEREBY THE CONTRACTOR WAS ADVISED IN EFFECT THAT ALL TRANSPORTATION EXPENSES WOULD BE BORNE BY THE GOVERNMENT.

ACCORDINGLY, IN REGARD TO THE QUESTIONS RAISED IN YOUR LETTER AS TO WHETHER THE CONTRACTOR WAS ENTITLED TO GOVERNMENT TRANSPORTATION FROM NEW YORK CITY TO WASHINGTON, D.C., AND RETURN, AND AS TO WHETHER PER DIEM IS ALLOWABLE FOR THE PERIOD DURING WHICH THE CONTRACTOR TRAVELED TO WASHINGTON AND, PURSUANT TO REQUEST, ATTENDED MEETINGS AT HEADQUARTERS, USAF, YOU ARE ADVISED THAT NO ADJUSTMENT APPEARS DUE THE GOVERNMENT IN THE MATTER. THE VOUCHER, TOGETHER WITH ITS ACCOMPANYING PAPERS, IS RETURNED HEREWITH AND PAYMENT OF THE FULL AMOUNT STATED THEREON IS AUTHORIZED, IF OTHERWISE CORRECT.