B-123426, MAY 4, 1955

B-123426: May 4, 1955

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PRECIS-UNAVAILABLE GILBERT STORAGE & TRANSFER CORPORATION: REFERENCE IS MADE TO YOUR LETTER OF MARCH 8. PARAGRAPH 4 OF THE GENERAL CONDITIONS ON WHICH YOUR BID WAS OFFERED AND ACCEPTED PROVIDES AS FOLLOWS: "SEPARATE UNIT PRICES SHALL BE QUOTED FOR EACH OF THE GEOGRAPHICAL LOCATIONS AND CLASSIFICATIONS AS INDICATED ON SCHEDULE 'A' ATTACHED AND MADE A PART OF THIS CONTRACT. ARTICLE 11(A) OF THE SPECIAL CONDITIONS CONTAINS THE PLAIN STATEMENT THAT "THE CONTRACTOR WILL NOT BE PAID FOR PACKING PIECES RECEIVED IN CONTRACTOR'S PACKING PLANT IN PACKED CONDITION BUT WILL BE PAID ONLY FOR HAULING. IT APPEARS FROM AN EXAMINATION OF THE RECORD THAT YOU HAVE RECEIVED PAYMENT AT THE FIXED CONTRACT RATE FOR DRAYAGE.

B-123426, MAY 4, 1955

PRECIS-UNAVAILABLE

GILBERT STORAGE & TRANSFER CORPORATION:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 8, 1955, WITH ENCLOSURES, REQUESTING RECONSIDERATION OF SETTLEMENT DATED FEBRUARY 10, 1955, WHICH DISALLOWED YOUR CLAIM FOR AN ADDITIONAL AMOUNT ALLEGED TO BE DUE FOR SERVICES RENDERED THE DEPARTMENT OF THE ARMY, CAMP PICKETT, VIRGINIA, PURSUANT TO CONTRACT NO. DA-44-012-AII-766, DATED JUNE 29, 1953, AS AMENDED, IN CONNECTION WITH TRANSPORTATION, DRAYAGE AND PACKING OF HOUSEHOLD GOODS AND EFFECTS. UNDER ITEM 3 OF THE CONTRACT SCHEDULE YOU AGREED TO PERFORM NONPERSONAL SERVICE AND FURNISH "ALL LABOR AND MATERIAL FOR HAULING, WEIGHING, CUBING AND STRAPPING GOODS ALREADY PACKED" AT THE RATE OF $1.50 PER HUNDRED POUNDS, MINIMUM OF $1 PER PACKAGE.

PARAGRAPH 4 OF THE GENERAL CONDITIONS ON WHICH YOUR BID WAS OFFERED AND ACCEPTED PROVIDES AS FOLLOWS:

"SEPARATE UNIT PRICES SHALL BE QUOTED FOR EACH OF THE GEOGRAPHICAL LOCATIONS AND CLASSIFICATIONS AS INDICATED ON SCHEDULE 'A' ATTACHED AND MADE A PART OF THIS CONTRACT. PRICES QUOTED IN COLUMM (C) SCHEDULE A, FOR BAGGAGE ALREADY PACKED, CRATED, ETC., SHALL INCLUDE DRAYAGE, WEIGHING, CUBING AND STRAPPING."

ALSO, ARTICLE 11(A) OF THE SPECIAL CONDITIONS CONTAINS THE PLAIN STATEMENT THAT "THE CONTRACTOR WILL NOT BE PAID FOR PACKING PIECES RECEIVED IN CONTRACTOR'S PACKING PLANT IN PACKED CONDITION BUT WILL BE PAID ONLY FOR HAULING, WEIGHING, MARKING, CUBING AND STRAPPING."

IT APPEARS FROM AN EXAMINATION OF THE RECORD THAT YOU HAVE RECEIVED PAYMENT AT THE FIXED CONTRACT RATE FOR DRAYAGE, WEIGHING, CUBING AND STRAPPING; HENCE THE DEDUCTION OF THE ADDITIONAL CHARGES INVOICED FOR PICK -UP AND DRAYAGE SERVICES WAS CORRECT AND PROPER, AND NO PROPER LEGAL BASIS EXISTS FOR THE ALLOWANCE OF ANY ADDITIONAL AMOUNT. ACCORDINGLY, THE SETTLEMENT OF FEBRUARY 10, 1955, DISALLOWING YOUR CLAIM IS SUSTAINED.