B-125617, APR. 11, 1956

B-125617, APR. 11, 1956

TO THE HONORABLE SECRETARY OF THE ARMY:

REFERENCE IS MADE TO OUR DECISION TO YOU DATED NOVEMBER 30, 1955, B 125617, RELATIVE TO THE PROPRIETY OF MAKING PAYMENTS FOR FIRE PROTECTION SERVICE UNDER CONTRACT NO. DA 29-113-AV-340 WITH THE COMMUNITY FIRE PROTECTION DISTRICT OF ST. LOUIS COUNTY, MISSOURI, AND TO SUPPLEMENTAL LETTER DATED MARCH 2, 1956, FROM YOUR DEPARTMENT TRANSMITTING A COPY OF A LETTER DATED JANUARY 11, 1956, ADDRESSED TO THE DISTRICT BY THE COMMANDING OFFICER OF THE ST. LOUIS AREA SUPPORT CENTER, ST. LOUIS, MISSOURI, REQUESTING A PARTIAL REFUND OF PAYMENTS MADE UNDER THE CONTRACT.

THERE IS ENCLOSED A COPY OF A LETTER DATED FEBRUARY 17, 1956, RECEIVED FROM MR. T. DOUGLAS MOORE, LEGAL COUNSEL FOR THE COMMUNITY FIRE PROTECTION DISTRICT, REQUESTING FURTHER CONSIDERATION OF THIS MATTER. MR. MOORE HAS BEEN ADVISED BY OUR LETTER OF TODAY, COPY ATTACHED, THAT UPON A CAREFUL REVIEW OF THE ENTIRE MATTER, PARTICULARLY THE UNUSUALLY COMPLEX CONDITIONS WHICH GAVE RISE TO THE CONTRACT NEGOTIATIONS, NO FURTHER ACTION WILL BE REQUIRED BY OUR OFFICE TO EFFECT COLLECTION OF THE PAYMENTS MADE UNDER THE CONTRACT WITH THE UNDERSTANDING, HOWEVER, THAT THE GOVERNMENT FACILITIES LOCATED WITHIN THE DISTRICT WILL CONTINUE TO RECEIVE, WITHOUT CHARGE, THE FIRE PROTECTION AFFORDED AS A PUBLIC SERVICE TO ALL PROPERTY INCLUDED WITHIN THE COMMUNITY FIRE PROTECTION DISTRICT, AND THE FURTHER UNDERSTANDING, ON THE BASIS INDICATED IN OUR DECISION OF NOVEMBER 30, 1955, THAT IF THE FIRE PROTECTION DISTRICT INCURS EXPENSES IN FURNISHING FIRE-FIGHTING SERVICES TO GOVERNMENT FACILITIES LOCATED OUTSIDE THE DISTRICT SUCH EXPENSES MAY BE ..END :