B-131708, JUN. 12, 1957

B-131708, JUN. 12, 1957

TO MR. W. E. PILCHER, DISBURSING OFFICER, CORPS OF ENGINEERS, U.S. ARMY:

THERE HAS BEEN FORWARDED TO OUR OFFICE BY 3RD INDORSEMENT, DATED APRIL 26, 1957, OF THE OFFICE OF THE CHIEF OF ENGINEERS, WASHINGTON, D.C., YOUR COMMUNICATION OF APRIL 8, 1957, WITH ENCLOSURES (SWLFE), REQUESTING A DECISION AS TO THE PROPRIETY FOR PAYMENT OF A REIMBURSEMENT TRANSPORTATION CLAIM IN THE AMOUNT OF $156.58 TO THE DOBLE ENGINEERING COMPANY, BELMONT, MASSACHUSETTS, UNDER CONTRACT NO. DA-03-050-CIVENG-57-106, DATED AUGUST 28, 1956.

UNDER THE CONTRACT, THE DOBLE ENGINEERING COMPANY AGREED TO FURNISH THE NECESSARY SERVICES AND EQUIPMENT TO THE DEPARTMENT OF THE ARMY FOR THE PERFORMANCE OF CERTAIN INSULATION TESTS OF POWER PLANT ELECTRICAL EQUIPMENT IN THE LITTLE ROCK DISTRICT OF THE CORPS OF ENGINEERS. STATED IN YOUR COMMUNICATION OF APRIL 8, 1957, THE CHARACTER AND EXTENT OF SERVICES TO BE PERFORMED BY THE DOBLE ENGINEERING COMPANY WERE PARTIALLY SET FORTH IN SUB-PARAGRAPH C, SCHEDULE A, ARTICLE 21, PAYMENTS, WHICH PROVIDES, IN PERTINENT PART, AS FOLLOWS:

"THE SERVICES OF AN ENGINEER, WHEN REQUESTED BY THE CONTRACTING OFFICER, * * * TO CONSULT WITH AND INSTRUCT THE CONTRACTING OFFICER'S AUTHORIZED REPRESENTATIVES AS TO THE USE OF THE CONTRACTOR'S TEST SETS AND METHODS AND THE LATEST TESTING TECHNIQUES FOR A PERIOD NOT EXCEEDING FIVE (5) EIGHT-HOUR WEEKDAYS WHILE ENGAGED IN SUCH CONSULTATION AND INSTRUCTION. THIS SERVICE SHALL BE FURNISHED ONCE IN EACH CONTRACT YEAR.'

SUB-PARAGRAPH A, SCHEDULE A, ARTICLE 21, REIMBURSEMENT FOR TRANSPORTATION AND TRAVEL EXPENSE PROVIDES, IN PERTINENT PART, AS FOLLOWS:

"IF THE SERVICES OF AN ENGINEER ARE REQUIRED BY THE GOVERNMENT, OTHER THAN AS PROVIDED FOR IN SUBPARAGRAPH C ABOVE * * * SUCH SERVICES WILL BE REQUESTED IN WRITING IN ADVANCE BY THE CONTRACTING OFFICER. TRAVEL REQUIRED IN ORDER TO PERFORM THE DESIRED SERVICES WILL BE AUTHORIZED IN LETTER TO THE CONTRACTOR REQUESTING THE SERVICES. * * * THE GOVERNMENT WILL REIMBURSE THE CONTRACTOR FOR THE ACTUAL TRANSPORTATION TICKET COSTS FOR FIRST CLASS ACCOMMODATIONS FOR TRAVEL VIA AIR, RAIL, OR BUS, * * *.'

BY LETTER DATED OCTOBER 15, 1956, THE DEPARTMENT OF THE ARMY REQUESTED THAT AN ENGINEER OF THE DOBLE ENGINEERING COMPANY PROCEED TO MUSKOGEE, OKLAHOMA, TO CONDUCT A 5-DAY PERIOD OF INSTRUCTION OF THE ARMY'S TEST ENGINEER GROUP AT FORT GIBSON DAM IN THE USE OF THE POWER FACTOR TEST EQUIPMENT. THE INSTRUCTION SERVICES WERE PERFORMED AND THE COMPANY HAS BILLED YOUR OFFICE FOR REIMBURSEMENT OF THE TRANSPORTATION EXPENSES OF ITS ENGINEER INCIDENT TO THIS TRAVEL IN THE AMOUNT OF $156.58.

IT IS REPORTED BY THE CONTRACTING OFFICER THAT "IT WAS AND IS THE INTENT OF BOTH CONTRACTING PARTIES TO PROVIDE FOR REIMBURSEMENT BY THE GOVERNMENT FOR ALL TRANSPORTATION AND TRAVEL EXPENSE INCURRED BY THE CONTRACTOR WHILE IN THE SERVICE OF THE GOVERNMENT.' THIS STATEMENT APPEARS TO BE SUBSTANTIATED BY THE FACT THAT THE STANDARD AGREEMENT OF THE COMPANY, WHICH WAS SUBMITTED WITH ITS PROPOSAL FOR CONTRACT NO. DA 03-050-CIVENG-57 -106, AND WHICH APPARENTLY WAS USED AS A GUIDE IN THE PREPARATION THEREOF, STATES, AMONG OTHER THINGS,THAT THE USER OF ITS EQUIPMENT AND SERVICES SHALL PAY THE COMPANY THE ACTUAL EXPENSES INCURRED FOR TRAVEL BY ITS ENGINEERS IN THE SERVICE OF THE USER. IT IS ALSO NOTED IN THIS REGARD THAT IN THE PREPARATION OF THE SUBJECT CONTRACT THE CONTRACTING OFFICE INTENDED TO CONFORM AS CLOSELY AS POSSIBLE TO A SIMILAR CONTRACT WHICH APPARENTLY WAS BEING NEGOTIATED AT THAT TIME BY THE OREGON ENGINEERING DISTRICT OF THE DEPARTMENT OF THE ARMY WITH THE DOBLE ENGINEERING COMPANY, WHICH CONTRACT CONTAINED SPECIFIC PROVISIONS COVERING THE GOVERNMENT'S PAYMENT OF TRANSPORTATION EXPENSES SUCH AS HERE INVOLVED.

WHILE IT APPEARS THAT THE SERVICES REQUESTED BY THE DEPARTMENT OF THE ARMY'S LETTER DATED OCTOBER 15, 1956, WERE COVERED BY THE TERMS OF SUB- PARAGRAPH C, SCHEDULE A, ARTICLE 21, PAYMENTS, AND NO PROVISION WAS MADE OTHERWISE IN THE CONTRACT FOR REIMBURSEMENT TO THE CONTRACTOR OF TRANSPORTATION COSTS INVOLVED IN SUCH SERVICES, IN VIEW OF THE CIRCUMSTANCES OUTLINED ABOVE, OUR OFFICE WOULD NOT OBJECT TO AN AMENDMENT OF CONTRACT NO. DA-03-050-CIVENG-57-106 TO EFFECT THE TRUE INTENT OF THE CONTRACTING PARTIES WITH REGARD TO SUCH REIMBURSEMENT.

ACCORDINGLY, AFTER SUCH AN AMENDMENT OF THE CONTRACT IS EFFECTED, THE VOUCHER SUBMITTED WITH YOUR COMMUNICATION OF APRIL 8, 1957, MAY BE PAID IN THE AMOUNT OF $156.58, IF OTHERWISE CORRECT.

THE PAPERS, WITH THE EXCEPTION OF THE ORIGINALS OF YOUR SUBMISSION OF APRIL 8, 1957, AND THAT OF THE CONTRACTING OFFICER'S UNDATED REPORT OF THE FACTS IN THE MATTER, ARE RETURNED HEREWITH.