B-122703, MAY 3, 1956

B-122703: May 3, 1956

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

VETERANS ADMINISTRATION: REFERENCE IS MADE TO LETTER OF JANUARY 18. THE REPORT FURNISHED BY YOUR ADMINISTRATION IS INCOMPLETE AND FAILS TO INCLUDE A FULL STATEMENT OF THE PERTINENT FACTS. THE BASIS FOR DETERMINING THE "APPROXIMATE LENGTH" OF THE DUCTS SHOWN IN THE INVITATION IS NOT INDICATED NOR IS ANY REASON FOR THE INACCURACY OF THE FIGURES GIVEN. IF THEY WERE INACCURATE. THERE IS NOTHING IN THE RECORD SUBMITTED TO INDICATE THAT THE LENGTH OF THE DUCTS INSPECTED AND CLEANED. IN SUCH CIRCUMSTANCES WE ARE PRECLUDED FROM MAKING AN APPROPRIATE REVIEW AND EVALUATION OF THE MERITS OF THE CLAIM AND. SINCE THE MATTER IS NOW PENDING BEFORE THE CONGRESS. FURTHER ACTION BY OUR OFFICE AT THIS TIME IS NOT DEEMED APPROPRIATE.

B-122703, MAY 3, 1956

TO HONORABLE H. V. HIGLEY, ADMINISTRATOR, VETERANS ADMINISTRATION:

REFERENCE IS MADE TO LETTER OF JANUARY 18, 1956, FROM THE DIRECTOR, POLICY AND PLANNING SERVICE, AND SUPPLEMENTARY INFORMATION FURNISHED MARCH 8, 1956, RELATIVE TO THE CLAIM OF BERNARD J. HOFFMAN, D/B/A PYRO GUARD SERVICE, 1050 N.E. 171ST TERRACE, NORTH MIAMI BEACH, FLORIDA, WHICH HAS BEEN THE SUBJECT OF PREVIOUS CORRESPONDENCE WITH YOUR ADMINISTRATION.

WITH HIS LETTER THE DIRECTOR FORWARDED THE CLAIMANT'S LETTER DATED DECEMBER 15, 1955, WHICH TRANSMITTED TO THE MANAGER OF THE VETERANS ADMINISTRATION HOSPITAL INVOLVED AN INVOICE OF THE SAME DATE IN THE SUM OF $4,500 COVERING ADDITIONAL COMPENSATION ALLEGED TO BE DUE FOR EXCESS WORK PERFORMED AT THE HOSPITAL UNDER CONTRACT NO. V5211P-53, AND A COPY OF A PRIVATE BILL--- H.R. 6668, 48TH CONGRESS--- PROPOSING PAYMENT OF THE AMOUNT CLAIMED. THE CLAIMANT, HOWEVER, HAS NEVER SUBMITTED A CLAIM TO OUR OFFICE AS SUGGESTED IN THE MANAGER'S LETTER OF JANUARY 26, 1954, ADVISING THE CLAIMANT THAT THE AMOUNT INVOICED COULD NOT BE CERTIFIED FOR PAYMENT, NOR HAS HE FURNISHED ANY INFORMATION OR EVIDENCE IN SUPPORT OF HIS CLAIM. AS A MATTER OF FACT, IN HIS LETTER OF DECEMBER 15, 1955, THE CLAIMANT ADVISED THE HOSPITAL MANAGER THAT IF HE SHOULD NEED ANY FURTHER INFORMATION TO CONTACT CONGRESSMAN CHARLES A. BOYLE "AS HE NOW HAS ALL THE RECORDS REGARDING THIS MATTER.'

THE REPORT FURNISHED BY YOUR ADMINISTRATION IS INCOMPLETE AND FAILS TO INCLUDE A FULL STATEMENT OF THE PERTINENT FACTS. FOR EXAMPLE, THE BASIS FOR DETERMINING THE "APPROXIMATE LENGTH" OF THE DUCTS SHOWN IN THE INVITATION IS NOT INDICATED NOR IS ANY REASON FOR THE INACCURACY OF THE FIGURES GIVEN, IF THEY WERE INACCURATE. ALSO, THERE IS NOTHING IN THE RECORD SUBMITTED TO INDICATE THAT THE LENGTH OF THE DUCTS INSPECTED AND CLEANED, AS CLAIMED BY THE CLAIMANT, HAS BEEN CHECKED OR VERIFIED OR THAT ANY DETERMINATION HAS BEEN MADE AS TO THE REASONABLE VALUE OF THE ALLEGED EXCESS WORK. MOREOVER, THE RECORD FAILS TO SHOW WHETHER THE CLAIMANT TOOK ANY STEPS TO ESTABLISH HIS RIGHT TO ADDITIONAL COMPENSATION PRIOR TO HIS RECEIPT OF FINAL PAYMENT UNDER THE CONTRACT.

IN SUCH CIRCUMSTANCES WE ARE PRECLUDED FROM MAKING AN APPROPRIATE REVIEW AND EVALUATION OF THE MERITS OF THE CLAIM AND, SINCE THE MATTER IS NOW PENDING BEFORE THE CONGRESS, FURTHER ACTION BY OUR OFFICE AT THIS TIME IS NOT DEEMED APPROPRIATE.