B-147727, FEB. 1, 1962

B-147727: Feb 1, 1962

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INCORPORATED: REFERENCE IS MADE TO LETTER DATED NOVEMBER 29. JANITORIAL AND CLEANING SERVICES) ALLEGED TO HAVE BEEN FURNISHED DURING THE PERIOD FROM JANUARY 1. THE LEASE WAS AMENDED BY SUPPLEMENTAL AGREEMENT DATED MARCH 14. THE CLAIM WAS DISALLOWED BY SETTLEMENT OF NOVEMBER 16. ADDITIONAL INFORMATION RECEIVED FROM THE BUREAU'S REGIONAL ENGINEER AT HAGERSTOWN ESTABLISHES THAT THERE WAS OVERTIME OCCUPANCY OF THE LEASED PREMISES SEVEN MONTHS DURING 1959 (JANUARY. SINCE IT NOW HAS BEEN DEFINITELY ESTABLISHED THAT THE LEASED PREMISES WERE USED ON AN OVERTIME BASIS DURING 16 MONTHS OF THE PERIOD COVERED BY YOUR CLAIM IT APPEARS THAT YOU ARE ENTITLED TO RECEIVE THE SUM OF $1. INSTRUCTIONS ARE BEING ISSUED TODAY DIRECTING THAT SETTLEMENT ACTION BE TAKEN ACCORDINGLY.

B-147727, FEB. 1, 1962

TO STROUD-S, INCORPORATED:

REFERENCE IS MADE TO LETTER DATED NOVEMBER 29, 1961, FROM YOUR ATTORNEY REQUESTING REVIEW OF SETTLEMENT OF NOVEMBER 16, 1961, WHICH DISALLOWED YOUR CLAIM FOR $2,692 REPRESENTING OVERTIME SERVICES (HEAT, ELECTRIC CURRENT, AIR-CONDITIONING, JANITORIAL AND CLEANING SERVICES) ALLEGED TO HAVE BEEN FURNISHED DURING THE PERIOD FROM JANUARY 1, 1959, TO JANUARY 1, 1961, FOR THE SPACE AT 3622 MACCORKLE AVENUE, S.E., CHARLESTON, WEST VIRGINIA, FORMERLY OCCUPIED BY THE BUREAU OF PUBLIC ROADS UNDER LEASE NO. GS-03-B-4421, DATED JANUARY 27, 1959.

PARAGRAPH 6 OF THE LEASE PROVIDED THAT THE SPECIAL SERVICES SPECIFIED THEREIN SHOULD BE FURNISHED DURING NORMAL DAYTIME WORKING HOURS, FIVE DAYS PER WEEK. BY LETTER DATED SEPTEMBER 13, 1960, THE LESSOR NOTIFIED THE REGIONAL MANAGER OF GENERAL SERVICES ADMINISTRATION THAT THE LEASED SPACE HAD BEEN USED EVENINGS AFTER WORKING HOURS, AND ON SATURDAYS AND SUNDAYS FROM THE BEGINNING OF THE LEASE AND THAT IT EXPECTED PAYMENT FOR THE OVERTIME SERVICES. THEREAFTER, THE LEASE WAS AMENDED BY SUPPLEMENTAL AGREEMENT DATED MARCH 14, 1961, EFFECTIVE JANUARY 1, 1961, TO PROVIDE FOR AN ADDITIONAL ANNUAL PAYMENT OF $1,345.92 FOR OPERATING SERVICES BEYOND NORMAL DAYTIME WORKING HOURS. FOLLOWING EXECUTION OF THE SUPPLEMENTAL AGREEMENT THE LESSOR FILED THE ABOVE CLAIM FOR SIMILAR OVERTIME SERVICES FOR THE PERIOD FROM JANUARY 1, 1959, TO JANUARY 1, 1961. THE CLAIM WAS DISALLOWED BY SETTLEMENT OF NOVEMBER 16, 1961, PRIMARILY ON THE GROUND THAT THE CLAIMANT HAD FAILED TO FURNISH VERIFIABLE EVIDENCE OF THE OVERTIME OCCUPANCY OF THE LEASED PREMISES BY THE EMPLOYEES OF THE BUREAU.

ADDITIONAL INFORMATION RECEIVED FROM THE BUREAU'S REGIONAL ENGINEER AT HAGERSTOWN ESTABLISHES THAT THERE WAS OVERTIME OCCUPANCY OF THE LEASED PREMISES SEVEN MONTHS DURING 1959 (JANUARY, FEBRUARY, MARCH, APRIL, MAY, JUNE AND AUGUST) AND NINE MONTHS DURING 1960 (MARCH, APRIL, MAY, JUNE, JULY, AUGUST, SEPTEMBER, OCTOBER AND NOVEMBER). WHILE THE SUPPLEMENTAL AGREEMENT DATED MARCH 14, 1961, PROVIDING FOR AN ADDITIONAL ANNUAL PAYMENT OF $1,345.92, OR $112.16 PER MONTH, DID NOT BECOME EFFECTIVE UNTIL JANUARY 1, 1961, SINCE IT NOW HAS BEEN DEFINITELY ESTABLISHED THAT THE LEASED PREMISES WERE USED ON AN OVERTIME BASIS DURING 16 MONTHS OF THE PERIOD COVERED BY YOUR CLAIM IT APPEARS THAT YOU ARE ENTITLED TO RECEIVE THE SUM OF $1,794.56, ON A QUANTUM MERUIT BASIS FOR THE SERVICES FURNISHED FOR THE PERIOD COVERED BY YOUR CLAIM IN ADDITION TO THE REQUIREMENTS OF THE LEASE. INSTRUCTIONS ARE BEING ISSUED TODAY DIRECTING THAT SETTLEMENT ACTION BE TAKEN ACCORDINGLY.