B-111753, JUN. 16, 1955

B-111753: Jun 16, 1955

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DOWD: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 15. AS YOU HAVE PREVIOUSLY BEEN ADVISED. WAS REFERRED TO OUR OFFICE FOR REPLY. IT IS YOUR CONTENTION THAT THE SERVICES WERE PERFORMED AND THE EXPENSES INCURRED AS A RESULT OF CERTAIN REVISIONS AND CHANGES IN YOUR PROPOSED PLANS FOR MOBILE HOSPITAL UNITS MADE AT THE REQUEST OF CERTAIN OFFICIALS OF THE OFFICE OF THE SURGEON GENERAL. IT IS REPORTED BY THE DEPARTMENT OF THE ARMY THAT. YOU WERE ENGAGED IN AN EFFORT TO OBTAIN A CONTRACT TO SUPPLY THIS EQUIPMENT TO THAT DEPARTMENT. IN CONNECTION WITH THIS NEGOTIATION IT IS REPORTED THAT NO CONTRACT WAS EVER MADE. THAT NO COMPENSATION WAS EVER PROMISED. THAT YOUR SERVICES WERE NEVER REQUESTED BY AN OFFICER.

B-111753, JUN. 16, 1955

TO MR. JOSEPH M. DOWD:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 15, 1955, ADDRESSED TO THE PRESIDENT OF THE UNITED STATES WHICH, AS YOU HAVE PREVIOUSLY BEEN ADVISED, WAS REFERRED TO OUR OFFICE FOR REPLY. THE LETTER RELATES TO YOUR CLAIM FOR $40,000 REPRESENTING THE VALUE OF SERVICES PERFORMED AND EXPENSES INCURRED IN CONNECTION WITH THE DEVELOPMENT OF MOBILE HOSPITAL UNITS FOR THE DEPARTMENT OF THE ARMY. A SETTLEMENT BY THE CLAIMS DIVISION OF THIS OFFICE, DATED FEBRUARY 5, 1953, DISALLOWED THIS CLAIM.

IT IS YOUR CONTENTION THAT THE SERVICES WERE PERFORMED AND THE EXPENSES INCURRED AS A RESULT OF CERTAIN REVISIONS AND CHANGES IN YOUR PROPOSED PLANS FOR MOBILE HOSPITAL UNITS MADE AT THE REQUEST OF CERTAIN OFFICIALS OF THE OFFICE OF THE SURGEON GENERAL, DEPARTMENT OF THE ARMY.

IT IS REPORTED BY THE DEPARTMENT OF THE ARMY THAT, FOR SOME TIME, YOU WERE ENGAGED IN AN EFFORT TO OBTAIN A CONTRACT TO SUPPLY THIS EQUIPMENT TO THAT DEPARTMENT. IN CONNECTION WITH THIS NEGOTIATION IT IS REPORTED THAT NO CONTRACT WAS EVER MADE, THAT NO COMPENSATION WAS EVER PROMISED, THAT YOUR SERVICES WERE NEVER REQUESTED BY AN OFFICER, AGENT OR EMPLOYEE OF THE DEPARTMENT, AND THAT YOU WERE, AT ALL TIMES, ADVISED THAT THE OFFICERS WITH WHOM YOU DEALT WERE NOT AUTHORIZED TO MAKE COMMITMENTS FOR THE PROCUREMENT OF EQUIPMENT, SUPPLIES OR SERVICES. CONSEQUENTLY, THERE IS NO LEGAL BASIS FOR THE ALLOWANCE BY THIS OFFICE OF ANY PART OF YOUR CLAIM.