B-151115, FEB. 7, 1964

B-151115: Feb 7, 1964

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ESQUIRE: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 28. THIS CLAIM WAS REVIEWED WITH HIM ON NOVEMBER 21. ITS VARIOUS ASPECTS WERE DISCUSSED IN DETAIL BY A MEMBER OF OUR STAFF. ROBERTS CONTENDED IN EFFECT THAT FORMAL ORDERS WERE NOT REQUIRED WHEN THE AGENCY PROCURED STANDBY TIME FOR WHICH THE CLAIM IS MADE. IT HAS BEEN FOUND THAT FORMAL ORDERS WERE REQUIRED AND THAT NONE WERE ISSUED PROVIDING FOR PAYMENT OF THE STANDBY TIME CLAIMED. THE RECORD FAILS TO ESTABLISH THAT THERE WAS ANY OBLIGATION ON THE PART OF THE GOVERNMENT TO PAY FOR THE STANDBY TIME IN QUESTION. WE THEREFORE FIND THAT THERE IS NO BASIS ON WHICH WE WOULD BE JUSTIFIED IN CERTIFYING THIS CLAIM FOR PAYMENT FROM APPROPRIATED FUNDS AND IT IS ACCORDINGLY DENIED.

B-151115, FEB. 7, 1964

TO PAUL I. MYERS, JR., ESQUIRE:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 28, 1964, AND PRIOR CORRESPONDENCE CONCERNING CLAIM OF SONORA FLYING SERVICE, INC., FOR STANDBY TIME.

AT THE REQUEST OF MR. ROBERT E. ROBERTS, PRESIDENT, THIS CLAIM WAS REVIEWED WITH HIM ON NOVEMBER 21, 1963, AND ITS VARIOUS ASPECTS WERE DISCUSSED IN DETAIL BY A MEMBER OF OUR STAFF. DURING THIS MEETING MR. ROBERTS CONTENDED IN EFFECT THAT FORMAL ORDERS WERE NOT REQUIRED WHEN THE AGENCY PROCURED STANDBY TIME FOR WHICH THE CLAIM IS MADE. HE STATED THAT HE WOULD FURNISH EVIDENCE SHOWING THE PROCEDURE WHICH HAD BEEN FOLLOWED DURING PRECEDING YEARS AND DURING THE PERIOD OF THE CONTRACT.

NO FURTHER WORD HAS BEEN RECEIVED FROM MR. ROBERTS. MOREOVER, IT HAS BEEN FOUND THAT FORMAL ORDERS WERE REQUIRED AND THAT NONE WERE ISSUED PROVIDING FOR PAYMENT OF THE STANDBY TIME CLAIMED. IN OTHER WORDS, THE RECORD FAILS TO ESTABLISH THAT THERE WAS ANY OBLIGATION ON THE PART OF THE GOVERNMENT TO PAY FOR THE STANDBY TIME IN QUESTION.

WE THEREFORE FIND THAT THERE IS NO BASIS ON WHICH WE WOULD BE JUSTIFIED IN CERTIFYING THIS CLAIM FOR PAYMENT FROM APPROPRIATED FUNDS AND IT IS ACCORDINGLY DENIED.