B-131418, SEP. 25, 1968

B-131418, SEP. 25, 1968

TO MR. ATTORNEY GENERAL:

THIS IS IN REFERENCE TO LETTER DATED AUGUST 28, 1968, FROM MR. L. M. PELLERZI, ASSISTANT ATTORNEY GENERAL FOR ADMINISTRATION, REQUESTING TO BE ADVISED WHETHER THE FEDERAL BUREAU OF INVESTIGATION CAN PURCHASE AIR- CONDITIONED CARS FROM FISCAL YEAR 1969 FUNDS.

IT IS STATED IN THE LETTER THAT A REVIEW OF THE DECISIONS OF OUR OFFICE INDICATES THAT THEY DO NOT QUESTION THE LEGALITY OF THE PURCHASE OF AIR CONDITIONERS BUT THAT, IF PURCHASED, THE PRICE MUST BE INCLUDED AS A PART OF THE COST OF THE CAR IN DETERMINING IF THE TOTAL COST IS WITHIN THE PRESENT STATUTORY LIMITATION FOR MOST AGENCIES OF $1,500 PER CAR. THE ASSISTANT ATTORNEY GENERAL POINTS OUT THAT THERE IS NO DOLLAR LIMITATION ON THE PRICE OF CARS FOR THE FEDERAL BUREAU OF INVESTIGATION AND THAT IT WOULD THEREFORE APPEAR THAT THE BUREAU MAY PURCHASE AIR-CONDITIONED CARS FOR SUCH GEOGRAPHIC AREAS WHERE IT WOULD BE TO THE ADVANTAGE OF THE GOVERNMENT TO USE THEM.

THE DEPARTMENTS OF STATE, JUSTICE, AND COMMERCE, THE JUDICIARY, AND RELATED AGENCIES APPROPRIATIONS ACT, 1969, PUB.L. 90-470, APPROVED AUGUST 9, 1968, 82 STAT. 667, 674, AUTHORIZES, UNDER THE HEADING "FEDERAL BUREAU OF INVESTIGATION, SALARIES AND EXPENSES" THE "* * * PURCHASE FOR POLICE- TYPE USE WITHOUT REGARD TO THE GENERAL PURCHASE PRICE LIMITATION FOR THE CURRENT FISCAL YEAR * * * OF PASSENGER MOTOR VEHICLES; * * *.' THIS PROVISION EXEMPTS THE FEDERAL BUREAU OF INVESTIGATION FROM THE $1,500 PURCHASE PRICE LIMITATION OF 31 U.S.C. 638C (SUPP. III).

IN OUR DECISION OF OCTOBER 7, 1960, PUBLISHED IN 40 COMP. GEN. 204, IT WAS HELD THAT THE COST OF AIR-CONDITIONING EQUIPMENT MUST BE CONSIDERED AS A PART OF THE PURCHASE PRICE AND THEREFORE SUCH EQUIPMENT COULD NOT BE INSTALLED SINCE ITS COST TOGETHER WITH THE ORIGINAL COST OF THE VEHICLE WOULD EXCEED THE LIMITATION. SIMILARLY, IN OUR DECISION OF FEBRUARY 24, 1964, B-131418, IT WAS HELD THAT THE COST OF AIR-CONDITIONING EQUIPMENT MUST BE CONSIDERED AS BEING WITHIN THE STATUTORY LIMITATION. BUT FOR THE FACT THAT THE INCLUSION OF AIR CONDITIONING EQUIPMENT WOULD CAUSE THE LIMITATION TO BE EXCEEDED, THERE WOULD HAVE BEEN NO REASON TO QUESTION THE PURCHASE SINCE THERE IS NO STATUTORY PROHIBITION AGAINST THE PURCHASE OF AIR-CONDITIONED VEHICLES, AND IN EACH SUBMISSION AN ADMINISTRATIVE DETERMINATION HAD BEEN MADE THAT IT WAS IN THE BEST INTEREST OF THE GOVERNMENT TO HAVE AIR-CONDITIONED VEHICLES.

IN VIEW OF THE FOREGOING, SINCE THE APPROPRIATION FOR THE FEDERAL BUREAU OF INVESTIGATION IS NOT SUBJECT TO THE LIMITATION PRESCRIBED BY 31 U.S.C. 638C (SUPP. III), WE SEE NO LEGAL OBJECTION TO THE USE OF THE FISCAL YEAR 1969 APPROPRIATION FOR THE PURCHASE OF AIR-CONDITIONED CARS FOR POLICE- TYPE USE IN SUCH GEOGRAPHIC AREAS WHERE IT WOULD BE TO THE ADVANTAGE OF THE GOVERNMENT TO USE THEM.