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B-184551 1 (1975-11-14)

handle is hein.gao/gaobadcsw0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON. D.C. 20548 FILE: DATE: hOV 14 1975 3-184551 MATTER OF: Syracuse Rigging Company, Inc. DIGEST: Contractor's additional charge for waiting time, arising from subcontractor's increased costs for delay in unloading shipment, is not allowable without compensatory benefit to the Government. Mr. Jon D. Preshour, Collections Manager for the National Museum of History and Technology, Smithsonian Institution (Smithsonian), by letter of June 26, 1975, has requested an advance decision as to the propriety of paying accessorial charges of $300 to Syracuse Rigging Company, Inc. (Syracuse), for waiting time incident to a contract for hauling one locomotive engine from Rail City, New York, to Silver Hill, Maryland. Mr. Freshour has advised our Office that he is an author- ized certifying officer; as such, he is entitled to an advance decision by the Comptroller General on a question of law as to whether the additional charges should be paid. 31 U.S.C. 82d (1970). In compliance with our request, and as required byour procedures, Mr. Freshour has submitted to our Office the original bill and vouchers presented for certification. 52 Comp. Gen. 83 (1972). Smithsonian entered into a contract with Syracuse to provide Labor, material and equipment necessary to transport one steam engine locomotive from Rail City, New York, to Silver Hill, Maryland for $4,166. The contract negotiations were oral and there is no record of a formal written contract. How- ever, there is no dispute as to the language and terms of the contract as evidenced by comparing Smithsonian's letter of June 26, 1975, and Syracuse's Estimate-Contract Data Sheet which is contained in the file. The data sheet indicates that the contract was in fact awarded to Syracuse. The shipment took place on April 17, 1975. By invoice No. 26222, dated April 30, 1975, Syracuse billed Smithsonian for the contract price of $4,166. By invoice No. 26223, also dated April 30, 1975, Syracuse billed Smithsonian for the additional $300 charge for waiting time.

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