A-10674, JANUARY 9, 1926, 5 COMP. GEN. 464

A-10674: Jan 9, 1926

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THE EXPENSE OF THE RESULTANT PAINTING AND VARNISHING REQUIRED TO RESTORE AND PLACE THE ROOMS IN A SUITABLE CONDITION IS A PROPER EXPENSE OF THE GOVERNMENT. BY WHICH WAS DISALLOWED CREDIT FOR PAYMENTS TOTALING $736 MADE TO G. THE LESSOR COVENANTED WITH REGARD TO REPAIRS TO SAID BUILDING AS FOLLOWS: AND IT IS FURTHER STIPULATED AND AGREED BY AND BETWEEN THE PARTIES AFORESAID. THE RIGHT IS RESERVED TO THE PARTY OF THE SECOND PART. IT APPEARS THAT IN THE SPRING OF 1923 CERTAIN REALLOCATIONS OF OFFICE SPACE WERE MADE AMONG THE VARIOUS BUREAUS OF THE DEPARTMENT OF COMMERCE WHICH NECESSITATED THE MOVING OF FURNITURE AND FILE CASES FROM ROOM TO ROOM AND THE ERECTION AND REMOVAL OF NUMEROUS PARTITIONS.

A-10674, JANUARY 9, 1926, 5 COMP. GEN. 464

LEASES - REPAIRS AND ALTERATIONS WHERE, UNDER A LEASE AGREEMENT FOR THE RENTAL OF PRIVATE PROPERTY BY THE GOVERNMENT PROVIDING THAT THE LESSOR SHALL REMEDY ALL DEFECTS AND MAKE ALL REPAIRS TO THE BUILDING DUE TO FAULTY CONSTRUCTION OR ORDINARY WEAR AND TEAR, THE GOVERNMENT FOR ITS OWN CONVENIENCE REALLOCATES THE OFFICE SPACE AMONG THE VARIOUS OFFICES OCCUPYING THE BUILDING, SUCH REALLOCATION REQUIRING THE MOVING AND INSTALLATION OF PARTITIONS, THE EXPENSE OF THE RESULTANT PAINTING AND VARNISHING REQUIRED TO RESTORE AND PLACE THE ROOMS IN A SUITABLE CONDITION IS A PROPER EXPENSE OF THE GOVERNMENT.

DECISION BY COMPTROLLER GENERAL MCCARL, JANUARY 9, 1926:

CHARLES E. MOLSTER, DISBURSING CLERK, DEPARTMENT OF COMMERCE, HAS REQUESTED REVIEW OF SETTLEMENT NO. C-21141-C, DATED FEBRUARY 4, 1925, COVERING HIS ACCOUNTS FOR THE PERIOD FROM APRIL 1 TO JUNE 30, 1924, BY WHICH WAS DISALLOWED CREDIT FOR PAYMENTS TOTALING $736 MADE TO G. A. HASLUP FOR SERVICES RENDERED IN PAINTING AND VARNISHING CERTAIN ROOMS IN THE BUILDING OCCUPIED BY THE DEPARTMENT OF COMMERCE.

THE UNITED STATES BY LEASE DATED MAY 31, 1919, ACQUIRED POSSESSION OF THE BUILDING KNOWN AS THE COMMERCE BUILDING FOR A TERM OF FIVE YEARS COMMENCING ON THE FIRST DAY OF JULY, 1919, AT A STIPULATED RENTAL PER ANNUM. THE LESSOR COVENANTED WITH REGARD TO REPAIRS TO SAID BUILDING AS FOLLOWS:

AND IT IS FURTHER STIPULATED AND AGREED BY AND BETWEEN THE PARTIES AFORESAID, THAT THE PARTY OF THE FIRST PART SHALL REMEDY ALL DEFECTS AND MAKE ALL REPAIRS TO THE SAID BUILDING, APPURTENANCES, EQUIPMENT, AND APPARATUS THERETO APPERTAINING, WHERE THE SAME SHALL BECOME NECESSARY, DUE TO FAULTY CONSTRUCTION, OR TO ORDINARY WEAR AND TEAR, OR WITHOUT FAULT OR NEGLIGENCE OF THE DEPARTMENT, ITS AGENTS, OR EMPLOYEES (EXCEPT SUCH MINOR REPAIRS TO WINDOW AND DOOR GLASS, ELECTRIC LIGHTING, HEATING, AND PLUMBING EQUIPMENT, WHICH SHALL BE MADE BY THE PARTY OF THE SECOND PART AT ITS OWN EXPENSE, THE DECISION OF THE CHIEF CLERK AND SUPERINTENDENT OF THE DEPARTMENT OF COMMERCE TO BE FINAL AS TO WHAT CONSTITUTES SUCH MINOR REPAIRS): PROVIDED, HOWEVER, THAT AS A PART OF THE CONSIDERATION HEREOF, THE RIGHT IS RESERVED TO THE PARTY OF THE SECOND PART, TO REMOVE, RELOCATE, OR RECONSTRUCT PARTITIONS OR CONSTRUCT NEW PARTITIONS, INSTALL ADDITIONAL LIGHTING APPARATUS, MAKE CHANGES IN PRESENT LIGHTING APPARATUS, OR TO PAINT THE INTERIOR, AS MAY BE AGREED UPON BY THE PARTIES, AT ITS OWN EXPENSE.

IT APPEARS THAT IN THE SPRING OF 1923 CERTAIN REALLOCATIONS OF OFFICE SPACE WERE MADE AMONG THE VARIOUS BUREAUS OF THE DEPARTMENT OF COMMERCE WHICH NECESSITATED THE MOVING OF FURNITURE AND FILE CASES FROM ROOM TO ROOM AND THE ERECTION AND REMOVAL OF NUMEROUS PARTITIONS. AS A RESULT OF SUCH REALLOCATIONS, PAINTING WAS FOUND ESSENTIAL IN ORDER TO PUT THE OFFICE QUARTERS IN A SUITABLE CONDITION. BIDS WERE REQUESTED FOR THE NECESSARY WORK UNDER DATES OF MAY 21 AND JUNE 4, 1923, AND CONTRACT WAS AWARDED TO G. A. HASLUP, THE LOWEST BIDDER, FOR WORK AGGREGATING $736.

FROM THE EXPLANATION NOW PRESENTED, IT APPEARS THAT THE PAINTING AND VARNISHING WERE DONE FOR THE PURPOSE OF RESTORING THE WALLS AND WOODWORK TO THEIR ORIGINAL CONDITION AFTER THE REMOVAL AND INSTALLATION OF PARTITIONS BY THE LESSEE, FOR ITS OWN CONVENIENCE AND IN ACCORDANCE WITH THE TERMS OF THE LEASE, AND THAT THE WORK WAS NOT MADE NECESSARY PRIMARILY BY THE ORDINARY WEAR AND TEAR TO THE BUILDING WHICH WOULD REQUIRE THE LESSOR TO MAKE THE REPAIRS AT ITS OWN EXPENSE UNDER THE TERMS OF THE LEASE.

UPON REVIEW THERE IS CERTIFIED THE AMOUNT OF $736 FOR ALLOWANCE IN THE ACCOUNTS OF THE DISBURSING CLERK.