B-132123, AUG. 2, 1957

B-132123: Aug 2, 1957

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THE GENERAL ACCOUNTING OFFICE OF THE UNITED STATES IS THE DEPARTMENT OF OUR GOVERNMENT WHERE FINAL CONSIDERATION IS GIVEN TO CLAIMS SUCH AS YOURS. THE DELAY IN FORWARDING YOUR CLAIM TO OUR OFFICE FOR FINAL CONSIDERATION WAS APPARENTLY DUE TO ATTEMPTS OF THE OTHER UNITED STATES GOVERNMENT AGENCIES INVOLVED TO FIND SOME MEANS OF PAYING SUCH CLAIM. AS REPORTED HERE THE FACTS OF YOUR CASE ARE AS FOLLOWS. YOU SAID THAT YOU COULD AND WERE TOLD THAT YOU WOULD BE MET AT 9:00 A.M. ANOTHER PERSON WAS FOUND TO DO THE JOB AND IT WAS ASSUMED THAT BECAUSE YOU WERE TOLD THAT FURTHER EFFORTS WOULD BE MADE TO FIND SOMEONE ELSE YOU WOULD REALIZE THAT SUCH A PERSON WAS FOUND WHEN YOU WERE NOT MET AT THE DESIGNATED HOUR.

B-132123, AUG. 2, 1957

TO MR. LEONCE BENEDITE:

YOUR LETTER OF OCTOBER 15, 1956, TO THE CONSULATE GENERAL OF THE UNITED STATES AT CASABLANCA REQUESTING PAYMENT FOR WAITING AT YOUR PLACE OF BUSINESS ON SUNDAY, OCTOBER 14, 1956, FOR AIR FORCE PERSONNEL TO MAKE USE OF YOUR SERVICES, HAS ONLY RECENTLY BEEN FORWARDED TO OUR OFFICE FOR DETERMINATION.

THE GENERAL ACCOUNTING OFFICE OF THE UNITED STATES IS THE DEPARTMENT OF OUR GOVERNMENT WHERE FINAL CONSIDERATION IS GIVEN TO CLAIMS SUCH AS YOURS. THE DELAY IN FORWARDING YOUR CLAIM TO OUR OFFICE FOR FINAL CONSIDERATION WAS APPARENTLY DUE TO ATTEMPTS OF THE OTHER UNITED STATES GOVERNMENT AGENCIES INVOLVED TO FIND SOME MEANS OF PAYING SUCH CLAIM.

AS REPORTED HERE THE FACTS OF YOUR CASE ARE AS FOLLOWS. ON OCTOBER 13, 1956, THREE REPRESENTATIVES OF THE UNITED STATES AIR FORCE CAME TO YOUR SHOP AND ASKED IF YOU COULD OPEN A SAFE AT THE BOULHAUT AIR FORCE BASE. YOU SAID THAT YOU COULD AND WERE TOLD THAT YOU WOULD BE MET AT 9:00 A.M., OCTOBER 14, 1956, AND THAT YOUR SERVICES WOULD BE USED FOR THE JOB UNLESS SOMEONE COULD BE FOUND WHO COULD OPEN THE SAFE SOONER. ANOTHER PERSON WAS FOUND TO DO THE JOB AND IT WAS ASSUMED THAT BECAUSE YOU WERE TOLD THAT FURTHER EFFORTS WOULD BE MADE TO FIND SOMEONE ELSE YOU WOULD REALIZE THAT SUCH A PERSON WAS FOUND WHEN YOU WERE NOT MET AT THE DESIGNATED HOUR. FOR THAT REASON AND BECAUSE OF THE LATE HOUR YOU WERE NOT CONTACTED AND TOLD THAT YOUR SERVICES WERE NO LONGER REQUIRED.

IN YOUR LETTER OF OCTOBER 15, 1956, YOU SAY THAT YOU OPENED YOUR STORE AT 9:00 A.M., ON OCTOBER 14, 1956, AND YOU WAITED UNTIL 12:15 P.M. YOU THEN CONTINUED YOUR WAITING AT 4:00 P.M., AND REMAINED AT YOUR SHOP UNTIL 7:00 P.M. YOU SUBMIT THAT UNDER NORMAL CONDITIONS THIS JOB IS WORTH 20,000 FRANCS AND SUBMITTED YOUR BILL FOR THAT AMOUNT STATING THAT "PUTTING ONESELF AT SOMEONE'S DISPOSAL IS WORTH AS MUCH, AT LEAST AS TO THE TIME INVOLVED, AS IF THE WORK WERE ACTUALLY PERFORMED.'

THERE IS NO LAW THAT PERMITS OUR OFFICE OR ANY DEPARTMENT OF THE UNITED STATES GOVERNMENT TO MAKE PAYMENT TO YOU UNDER THE FACTS AS HERE REPORTED, PARTICULARLY, SINCE NO BENEFIT WAS RECEIVED BY THE GOVERNMENT BECAUSE OF YOUR WAITING. IT MAY WELL BE THAT INITIALLY YOU WERE INCONVENIENCED BY OPENING YOUR SHOP ON A DAY IT NORMALLY WOULD NOT HAVE BEEN OPEN. HOWEVER, BECAUSE YOU KNEW THAT FURTHER EFFORTS WERE BEING MADE TO SECURE AID, WHEN YOU WERE NOT MET SUNDAY MORNING, OCTOBER 14, 1956, AT 9:00, YOU SHOULD HAVE REALIZED THAT SOMEONE ELSE HAD BEEN EMPLOYED. PARENTHETICALLY BY YOUR OWN ADMISSION PART OF YOUR WAIT WAS BECAUSE OF YOUR "HAVING NOTHING ELSE TO DO.'