B-160067, OCT. 19, 1966
Highlights
THE ADDITIONAL PAYMENT INVOLVED IS UNDERSTOOD TO BE $15.50 FOR EACH OF THE SUBSCRIPTION YEARS. INCLUDED AT THE PRICE OF $16 WAS THE ITEM "BRITISH COAL UTILIZATION RESEARCH ASSN. THE ORDER WAS ACKNOWLEDGED AND ACCEPTED BY THE COMPANY. ITS INVOICE REFLECTING THE SUBSCRIPTION PRICE OF $16 WAS PAID FEBRUARY 14. IN VIEW OF THIS CONSIDERABLE EXTENSION OF THE SUBSCRIPTION THE PRICE CHANGE IS AUTHORIZED.'. THE VARIOUS PUBLICATIONS OF THE ASSOCIATION WERE SENT THE BUREAU WITH ONLY A CHARGE AT THE PRIOR RATE FOR THE BULLETIN. THE COMPANY HAS SUBMITTED A CLAIM FOR THE ADDITIONAL CHARGE FOR 1966 AND HAS INDICATED IT IS SUBMITTING A LIKE CLAIM FOR 1965. THEN IT WOULD APPEAR THAT THE SHIPMENT OF THE OTHER PUBLICATIONS OF THE ASSOCIATION IN CONNECTION WITH THE SUBSCRIPTION TO THE BULLETIN WAS IN ERROR.
B-160067, OCT. 19, 1966
TO AUTHORIZED CERTIFYING OFFICER, BUREAU OF MINES, DEPARTMENT OF INTERIOR:
YOUR LETTER OF SEPTEMBER 14, 1966, REQUESTS A DECISION WHETHER IN THE SITUATION RELATED BELOW SUPPLEMENTAL PAYMENTS MAY BE MADE ON SUBSCRIPTIONS TO THE BRITISH COAL UTILIZATION RESEARCH ASSOCIATION BULLETIN FOR THE CALENDAR YEARS OF 1965 AND 1966. THE ADDITIONAL PAYMENT INVOLVED IS UNDERSTOOD TO BE $15.50 FOR EACH OF THE SUBSCRIPTION YEARS.
ON NOVEMBER 17, 1965, THE BUREAU OF MINES PLACED AN ORDER WITH WALTER J. JOHNSON, INC., NEW YORK, N.Y., RENEWING FOR THE CALENDAR YEAR 1966 SUBSCRIPTIONS TO VARIOUS SCIENTIFIC AND TRADE JOURNALS. INCLUDED AT THE PRICE OF $16 WAS THE ITEM "BRITISH COAL UTILIZATION RESEARCH ASSN. (BCURA, MONTHLY) BULLETIN.' THE ORDER WAS ACKNOWLEDGED AND ACCEPTED BY THE COMPANY, AND ITS INVOICE REFLECTING THE SUBSCRIPTION PRICE OF $16 WAS PAID FEBRUARY 14, 1966.
THE COMPANY, ON JUNE 3, 1966, SUBMITTED A SUPPLEMENTAL BILL IN THE ADDITIONAL AMOUNT OF $15.50 FOR THE 1966 SUBSCRIPTION TO THE BULLETIN. SUBSEQUENT CORRESPONDENCE EXPLAINING ITS ACTION THE COMPANY STATED:
"* * * STARTING WITH 1965 ALL SUBSCRIPTIONS TO THE BULLETIN OF THIS ASSOCIATION INCLUDE ALSO AUTOMATICALLY THE QUARTERLY GAZETTE OF THE ASSOCIATION AND THE ANNUAL REPORT AND THE ANNUAL INDEX. TIL THE END OF 1964 THESE PUBLICATIONS COULD BE ORDERED SEPARATELY. IN VIEW OF THIS CONSIDERABLE EXTENSION OF THE SUBSCRIPTION THE PRICE CHANGE IS AUTHORIZED.' THE COMPANY FURTHER STATED THAT ON CHECKING THE BUREAU'S 1965 SUBSCRIPTION TO THE BULLETIN IT FOUND THAT A SIMILAR UNDERCHARGE HAD BEEN MADE, THE VARIOUS PUBLICATIONS OF THE ASSOCIATION WERE SENT THE BUREAU WITH ONLY A CHARGE AT THE PRIOR RATE FOR THE BULLETIN, A MONTHLY PUBLICATION. THE COMPANY HAS SUBMITTED A CLAIM FOR THE ADDITIONAL CHARGE FOR 1966 AND HAS INDICATED IT IS SUBMITTING A LIKE CLAIM FOR 1965.
IF THE ALLEGATION OF THE COMPANY THAT PRIOR TO 1965 THE SUBSCRIPTION TO THE BULLETIN, AT THE PRICE OF $16, COVERED ONLY THE MONTHLY PUBLICATION OF THE ASSOCIATION, THEN IT WOULD APPEAR THAT THE SHIPMENT OF THE OTHER PUBLICATIONS OF THE ASSOCIATION IN CONNECTION WITH THE SUBSCRIPTION TO THE BULLETIN WAS IN ERROR. THE BUREAU RECEIVED SOMETHING IT HAD NOT ORDERED NOR PAID FOR. IN THAT CONNECTION IT SHOULD BE NOTED THAT THE BUREAU'S ORDER FOR 1966, WITH REFERENCE TO THE BULLETIN, DOES CONTAIN THE LEGEND "/BCURA, MONTHLY).'
YOU ARE ADVISED, ASSUMING THE FACTS SUBMITTED BY THE COMPANY ARE FOUND TO BE CORRECT AND THAT THE BUREAU WISHES TO RETAIN THE ASSOCIATION'S PUBLICATIONS, THOSE OTHER THAN THE MONTHLY BULLETIN, THAT THE SUPPLEMENTAL SUM CLAIMED MAY BE PAID FOR THE YEARS OF 1965 AND 1966. HOWEVER, SHOULD THE FACTUAL SITUATION NOT BE AS PRESENTED BY THE COMPANY--- PRIOR TO 1965 THE BUREAU HAD RECEIVED THE VARIOUS PUBLICATIONS OF THE ASSOCIATION FOR THE SUBSCRIPTION PRICE OF $16--- THE ADDITIONAL SUM CLAIMED FOR THE YEARS 1965 AND 1966 SHOULD BE DISALLOWED.