B-122315, FEBRUARY 2, 1955, 34 COMP. GEN. 368

B-122315: Feb 2, 1955

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PURCHASES - ABSENCE OF CONTRACT PROVISIONS - EMERGENCIES THE ISSUANCE OF A PURCHASE ORDER IN RESPONSE TO QUOTATIONS SOLICITED BY TELEPHONE FOR THE DRILLING OF A WELL IN A DROUGHT AREA AND A LETTER OF CREDIT FOR THE PURCHASE OF CEMENT NEEDED FOR THE WELL WILL NOT BE OBJECTED TO IN VIEW OF THE NEED FOR PROVIDING WATER TO MEET EMERGENCY CONDITIONS AND THE FACT THAT THE QUANTITY OF CEMENT WAS NOT KNOWN UNTIL DEPTH OF WELL WAS ASCERTAINED. 1955: REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 9. IT IS REPORTED IN YOUR LETTER THAT DURING THE EARLY PART OF THE SUMMER OF 1954 IT BECAME NECESSARY. NORMAL PROCUREMENT PROCEDURES WERE DISPENSED WITH AND QUOTATIONS WERE SOLICITED BY TELEPHONE FROM ALL KNOWN WELL DRILLERS IN THE VICINITY OF SPRINGFIELD.

B-122315, FEBRUARY 2, 1955, 34 COMP. GEN. 368

PURCHASES - ABSENCE OF CONTRACT PROVISIONS - EMERGENCIES THE ISSUANCE OF A PURCHASE ORDER IN RESPONSE TO QUOTATIONS SOLICITED BY TELEPHONE FOR THE DRILLING OF A WELL IN A DROUGHT AREA AND A LETTER OF CREDIT FOR THE PURCHASE OF CEMENT NEEDED FOR THE WELL WILL NOT BE OBJECTED TO IN VIEW OF THE NEED FOR PROVIDING WATER TO MEET EMERGENCY CONDITIONS AND THE FACT THAT THE QUANTITY OF CEMENT WAS NOT KNOWN UNTIL DEPTH OF WELL WAS ASCERTAINED.

ASSISTANT COMPTROLLER GENERAL WEITZEL TO W. F. BRILL, DEPARTMENT OF THE INTERIOR, FEBRUARY 2, 1955:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 9, 1954, TRANSMITTING TWO INVOICES AND CERTAIN PAPERS IN CONNECTION WITH THE CLAIM OF FINIS NORRIS, MOUNT VERNON, MISSOURI, FOR PAYMENT FOR CERTAIN WELL CASINGS AND GROUTING CEMENT FURNISHED THE SOUTHWESTERN POWER ADMINISTRATION.

IT IS REPORTED IN YOUR LETTER THAT DURING THE EARLY PART OF THE SUMMER OF 1954 IT BECAME NECESSARY, DUE TO SEVERE DROUGHT CONDITIONS, TO PROCEED IMMEDIATELY TO PROVIDE A MORE ADEQUATE SUPPLY OF WATER AT THE SPRINGFIELD SUBSTATION OF THE SOUTHWESTERN POWER ADMINISTRATION LOCATED APPROXIMATELY FIVE MILES SOUTHWEST OF SPRINGFIELD, MISSOURI. AT THE URGENT REQUEST OF THE CHIEF, SYSTEM OPERATIONS, NORMAL PROCUREMENT PROCEDURES WERE DISPENSED WITH AND QUOTATIONS WERE SOLICITED BY TELEPHONE FROM ALL KNOWN WELL DRILLERS IN THE VICINITY OF SPRINGFIELD. ON THE BASIS OF THE LOWER OF TWO QUOTATIONS RECEIVED, PURCHASED ORDER NO. ISPA 55-3, AUTHORIZING THE WORK AT SPECIFIED RATES PER FOOT OF DRILLING, WAS ISSUED TO FINIS NORRIS WITH A LETTER DATED JULY 29, 1954, FROM THE CONTRACTING OFFICER, WHEREIN IT WAS STATED THAT --

IT IS OUR DESIRE THAT YOU SECURE WHATEVER CASING AND GROUTING CEMENT YOU NEED FOR OUR WELL AND HAVE IT CHARGED DIRECTLY TO US AT THIS OFFICE. YOU MAY USE THE CARBON COPY OF THIS LETTER AS YOUR AUTHORITY TO SIGN FOR THE REQUIRED PURCHASES.

IT IS FURTHER STATED THAT THE CONTRACTING OFFICER SUBSEQUENTLY AGREED THAT THIS LETTER OF CREDIT COULD APPLY TO MR. NORRIS HIMSELF AS WELL AS TO HIS SUPPLIERS. IT WAS REPORTED BY THE CONTRACTING OFFICER THAT BIDS WERE SOLICITED FOR DRILLING THE WELL EXCLUSIVE OF CASING AND GROUTING MATERIALS BECAUSE IT WAS IMPRACTICABLE TO ESTIMATE THE QUANTITIES OF THOSE MATERIALS THAT WOULD BE REQUIRED BEFORE THE DEPTH OF THE WELL WAS DETERMINED.

IN VIEW OF THE IMMEDIACY OF THE NEED FOR PROVIDING A WATER SUPPLY TO MEET CONDITIONS WHICH REASONABLY MAY BE REGARDED AS EMERGENT AND SINCE THE QUANTITIES OF THE MATERIALS TO BE REQUIRED WERE NOT KNOWN UNTIL THE DEPTH OF THE WELL WAS ASCERTAINED, THIS OFFICE IS NOT REQUIRED TO OBJECT TO THE PROCUREMENT AS MADE IN THIS PARTICULAR INSTANCE.

ACCORDINGLY, THE INVOICES, WHICH ARE RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT, IF OTHERWISE CORRECT.