B-155455, NOV. 3, 1964

B-155455: Nov 3, 1964

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MARSH: REFERENCE IS MADE TO THE CLAIM PRESENTED BY YOU AS CO-ADMINISTRATOR OF THE ESTATE OF DR. STRAUB HAD COMPLETED THE DESIGN OF CERTAIN MODELS AND SUBMITTED AN INTERIM REPORT FOR WHICH HE WAS ENTITLED UNDER THE CONTRACT TERMS TO RECEIVE PARTIAL PAYMENTS OF $5. STRAUB IN SEPTEMBER 1963 DOES NOT AND WAS NOT INTENDED TO FULFILL THE CONTRACT REQUIREMENT OF ARTICLE I-B.1 FOR AN INTERIM PRELIMINARY REPORT. IT WAS EXPLAINED THAT THE INTERIM PRELIMINARY REPORT WAS SUPPOSED TO HAVE BEEN SUBMITTED WITHIN SIX MONTHS FROM THE BEGINNING OF THE HYDRAULIC MODEL TEST PROGRAM. THAT A REVIEW OF ITS CONTENT DISCLOSED THAT IT WAS NOT PREPARED ON THE BASIS OF "REASONABLY CONCLUSIVE INDICATIVE INFORMATION" AS TO "THE CAUSE OF THE DAMAGE AND ADEQUACY OF THE PRESENT STRUCTURE.

B-155455, NOV. 3, 1964

TO MISS MARY H. MARSH:

REFERENCE IS MADE TO THE CLAIM PRESENTED BY YOU AS CO-ADMINISTRATOR OF THE ESTATE OF DR. LORENZ G. STRAUB, DECEDENT, FOR SERVICES RENDERED UNDER CONTRACT NO. AID/NESA-34, DATED OCTOBER 3, 1962, WITH THE AGENCY FOR INTERNATIONAL DEVELOPMENT, DEPARTMENT OF STATE.

IN CORRESPONDENCE WITH THE AGENCY FOR INTERNATIONAL DEVELOPMENT YOU INDICATED THAT DR. STRAUB HAD COMPLETED THE DESIGN OF CERTAIN MODELS AND SUBMITTED AN INTERIM REPORT FOR WHICH HE WAS ENTITLED UNDER THE CONTRACT TERMS TO RECEIVE PARTIAL PAYMENTS OF $5,000 EACH. HOWEVER, THE AGENCY FOR INTERNATIONAL DEVELOPMENT HAS ADVISED US THAT THE REPORT SUBMITTED BY DR. STRAUB IN SEPTEMBER 1963 DOES NOT AND WAS NOT INTENDED TO FULFILL THE CONTRACT REQUIREMENT OF ARTICLE I-B.1 FOR AN INTERIM PRELIMINARY REPORT. IT WAS EXPLAINED THAT THE INTERIM PRELIMINARY REPORT WAS SUPPOSED TO HAVE BEEN SUBMITTED WITHIN SIX MONTHS FROM THE BEGINNING OF THE HYDRAULIC MODEL TEST PROGRAM; THAT WHEN THIS TIME HAD ELAPSED THE GOVERNMENT'S PROJECT ENGINEER ASKED DR. STRAUB TO FURNISH SOMETHING IN WRITING TO SHOW THE PROGRESS OF THE CONTRACT WORK; THAT DR. STRAUB SUBMITTED A REPORT AS THE RESULT OF SUCH REQUEST; BUT THAT A REVIEW OF ITS CONTENT DISCLOSED THAT IT WAS NOT PREPARED ON THE BASIS OF "REASONABLY CONCLUSIVE INDICATIVE INFORMATION" AS TO "THE CAUSE OF THE DAMAGE AND ADEQUACY OF THE PRESENT STRUCTURE," AS CONTEMPLATED UNDER ARTICLE I-B.1 OF THE CONTRACT.

THE AGENCY FOR INTERNATIONAL DEVELOPMENT HAS NEVERTHELESS ESTIMATED THAT DR. STRAUB PERFORMED SERVICES HAVING A CONTRACT VALUE OF $7,500 AND HAS RECOMMENDED PAYMENT IN THAT AMOUNT. ACCORDINGLY, INSTRUCTIONS ARE TODAY BEING ISSUED FOR AUTHORIZATION OF PAYMENT OF THE SUM OF $7,500 TO YOU AND THE FIRST NATIONAL BANK OF MINNEAPOLIS, AS ADMINISTRATORS OF THE DECEDENT'S ESTATE, IN FULL AND FINAL SETTLEMENT OF ALL CLAIMS ARISING OUT OF CONTRACT NO. AID/NESA-34.