B-128035, SEP. 19, 1956

B-128035, SEP. 19, 1956

TO MR. P. W. PUNNETT:

FURTHER REFERENCE IS MADE TO YOUR LETTER, REQUESTING RECONSIDERATION OF OUR SETTLEMENT OF APRIL 6, 1956, WHICH DISALLOWED YOUR CLAIM FOR $75 FOR SERVICES RENDERED THE UNITED STATES NAVAL RESEARCH AND DEVELOPMENT FACILITY, BAYONNE, NEW JERSEY, ON NOVEMBER 23, 1954, AS A CONSULTANT ON COFFEE BREWING.

YOUR CLAIM WAS DISALLOWED BECAUSE IT WAS COMMON PRACTICE FOR PERSONNEL OF THE FACILITY TO INFORMALLY EXCHANGE ADVICE AND INFORMATION, WITHOUT CHARGE, WITH MEMBERS OF THE INDUSTRY AND THE SCIENTIFIC WORLD, INCLUDING INDEPENDENT CONSULTANTS. AT THE TIME YOU WERE CONTACTED YOU AGREED TO DISCUSS THE MATTER OF COFFEE BREWING WITH THE PERSONNEL OF THE FACILITY AND THERE APPARENTLY WAS NO UNDERSTANDING THAT YOU EXPECTED REMUNERATION FOR YOUR SERVICES.

IN VIEW OF THE ARGUMENTS ADVANCED BY YOU, YOUR LETTER WAS FORWARDED TO THE DEPARTMENT OF THE NAVY FOR A FURTHER REPORT. A REPORT NOW HAS NOW BEEN RECEIVED BY OUR OFFICE AND BOTH MR. KATZENSTEIN AND MR. BENARDE, WHO CONSULTED WITH YOU, DENY THAT THERE WAS ANY DISCUSSION OF FEES OR ANY CONVERSATION WITH YOU WHICH WOULD LEAD THEM TO BELIEVE THAT YOU WERE CHARGING THE DEPARTMENT OF THE NAVY FOR YOUR VISIT.

THE DEPARTMENT OF THE NAVY, HOWEVER, STATES THAT YOUR DISCUSSIONS WITH REPRESENTATIVES OF THE FACILITY WERE OF BENEFIT TO THE GOVERNMENT AND, IN THE ABSENCE OF A CONTRACT OR AGREEMENT, RECOMMENDS THAT $50 BE ALLOWED YOU AS THE REASONABLE VALUE OF YOUR SERVICES. IN THE LIGHT OF THAT RECOMMENDATION, OUR CLAIMS DIVISION TODAY IS BEING INSTRUCTED TO ALLOW $50 IN FULL SETTLEMENT OF YOUR CLAIM AND YOU ARE ADVISED THAT A CHECK FOR THAT AMOUNT WILL BE RECEIVED BY YOU IN REGULAR COURSE.