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B-100822, JANUARY 31, 1951, 30 COMP. GEN. 333

B-100822 Jan 31, 1951
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1951: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 17. IT IS EXPLAINED IN YOUR LETTER THAT. EVERY EFFORT IS MADE TO HAVE THE LESSOR INCLUDE THEREIN THE FURNISHING OF ELEVATOR SERVICE. IN SUCH CASES IT IS NOT BEING PERFORMED BY MAIL HANDLERS BECAUSE NO OTHER CLASS OF EMPLOYEE IS AVAILABLE FOR SUCH WORK. IT IS STATED FURTHER THAT THE DUTIES OF MAIL HANDLERS RECENTLY HAVE BEEN BROADENED SO THAT THEY NOW ASSIST IN THE RECEIPT. DISPATCH OF MAILS AND ARE REQUIRED TO POSSESS QUALIFICATIONS NOT NECESSARILY REQUIRED OF JANITORS. IT WAS HELD BY THIS OFFICE. THE SERVICES ARE FOR PERFORMANCE BY GOVERNMENT EMPLOYEES. WHERE IT IS ADMINISTRATIVELY DETERMINED TO BE THE GOVERNMENT'S ADVANTAGE TO HAVE ALL SUPPLIES AND EQUIPMENT.

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B-100822, JANUARY 31, 1951, 30 COMP. GEN. 333

PERSONAL SERVICES - PROCUREMENT BY CONTRACT - JANITOR SERVICES THE POST OFFICE DEPARTMENT, HAVING BEEN UNABLE IN SOME INSTANCES TO OBTAIN JANITOR SERVICE AS PART OF THE RENTAL CONSIDERATION FOR LEASES COVERING AIR MAIL FIELDS AND TERMINALS AND HAVING ADMINISTRATIVELY DETERMINED IT NOT TO BE IN THE INTEREST OF THE GOVERNMENT TO PURCHASE SUPPLIES AND ASSIGN EMPLOYEES TO THE PERFORMANCE OF JANITOR SERVICES, MAY PROCURE THE NECESSARY JANITOR SERVICES BY CONTRACT AFTER ADVERTISING IN ACCORDANCE WITH SECTION 3709, REVISED STATUTES, AS AMENDED, AND CHARGE THE COST THEREOF TO APPROPRIATIONS AVAILABLE FOR RENT.

COMPTROLLER GENERAL WARREN TO THE POSTMASTER GENERAL, JANUARY 31, 1951:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 17, 1951, REQUESTING DECISION WHETHER CONTRACTS MAY BE OBTAINED FOR FURNISHING JANITOR SERVICE AT AIR MAIL FIELDS AND TERMINALS SEPARATE AND APART FROM THE CONTRACTS FOR LEASING QUARTERS, THE COST OF SUCH SERVICE BEING CHARGED TO THE APPROPRIATIONS AVAILABLE FOR RENT AT AIR MAIL FIELDS AND TERMINALS.

IT IS EXPLAINED IN YOUR LETTER THAT, IN NEGOTIATING SUCH LEASES, EVERY EFFORT IS MADE TO HAVE THE LESSOR INCLUDE THEREIN THE FURNISHING OF ELEVATOR SERVICE, UTILITY SERVICES, AND JANITOR SERVICE, BUT THAT, IN SOME INSTANCES, THE LESSOR HAS REFUSED TO INCLUDE JANITOR SERVICE, AND IN SUCH CASES IT IS NOT BEING PERFORMED BY MAIL HANDLERS BECAUSE NO OTHER CLASS OF EMPLOYEE IS AVAILABLE FOR SUCH WORK. IT IS STATED FURTHER THAT THE DUTIES OF MAIL HANDLERS RECENTLY HAVE BEEN BROADENED SO THAT THEY NOW ASSIST IN THE RECEIPT, DISTRIBUTION, AND DISPATCH OF MAILS AND ARE REQUIRED TO POSSESS QUALIFICATIONS NOT NECESSARILY REQUIRED OF JANITORS, AND THEIR SALARIES, TOGETHER WITH THE COST OF SUPPLIES AND MATERIALS FURNISHED BY THE GOVERNMENT, MAKE IT EXPENSIVE TO ASSIGN THEM TO THE PERFORMANCE OF JANITOR SERVICE. THE ACT OF MARCH 20, 1944, 58 STAT. 118, CHANGED THE DESIGNATION OF LABORERS IN THE POSTAL SERVICE TO MAIL HANDLERS.

IN 22 COMP. GEN. 700, IT WAS HELD BY THIS OFFICE, QUOTING FROM THE SYLLABUS, AS FOLLOWS:

WHERE, IN CONNECTION WITH JANITOR SERVICES, THE GOVERNMENT FURNISHES ALL SUPPLIES AND EQUIPMENT, SUCH AS BRUSHES, CLEANING SUPPLIES, LADDERS, ETC., LEAVING NOTHING BUT THE LABOR OF THE INDIVIDUAL TO BE FURNISHED, THE SERVICES ARE FOR PERFORMANCE BY GOVERNMENT EMPLOYEES, EITHER FULL OR PART TIME, APPOINTED IN ACCORDANCE WITH THE CIVIL SERVICE RULES AND REGULATIONS, BUT WHERE IT IS ADMINISTRATIVELY DETERMINED TO BE THE GOVERNMENT'S ADVANTAGE TO HAVE ALL SUPPLIES AND EQUIPMENT, AS WELL AS THE LABOR, FURNISHED BY CONTRACT, THERE IS NO OBJECTION TO PROCURING THE SERVICES ON A NONPERSONAL SERVICE BASIS, PROVIDED THAT, WHEN APPLICABLE, THERE IS COMPLIANCE WITH THE ADVERTISING, ETC., REQUIREMENTS OF SECTION 3709, REVISED STATUTES.

ACCORDINGLY, IF IT BE DETERMINED THAT THE PROCUREMENT OF JANITOR SERVICE, INCLUDING ALL NECESSARY SUPPLIES AND MATERIALS, BY CONTRACT WILL BE MORE ECONOMICAL THAN THE USE OF THE PRESENT PERSONNEL OTHERWISE AVAILABLE THEREFOR, THIS OFFICE WILL NOT BE REQUIRED TO OBJECT TO OBTAINING JANITOR SERVICE UNDER SUCH PROCEDURE AND CHARGING THE COST THEREOF TO THE APPROPRIATIONS AVAILABLE FOR RENT.

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