A-63392, AUGUST 29, 1935, 15 COMP. GEN. 156

A-63392: Aug 29, 1935

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ARE NOT AVAILABLE FOR THE EXTENSION OF SUCH MEAL SERVICE TO EMPLOYEES OF CONTRACTORS PERFORMING SERVICES WITHIN NATIONAL PARKS. 1935: I HAVE YOUR LETTER OF JUNE 28. AS FOLLOWS: THERE ARE ENCLOSED COPIES OF LETTERS DATED OCTOBER 11. PLEASE INFORM ME WHETHER THE PROCEDURE BEING FOLLOWED BY YOSEMITE NATIONAL PARK OF CREDITING THE ANNUAL APPROPRIATION WITH THE PROCEEDS OF DEDUCTIONS FROM THE CONTRACTOR'S VOUCHERS COVERING MEALS FURNISHED THE CONTRACTOR'S EMPLOYEES IS IN ACCORDANCE WITH EXISTING LEGISLATION. YOUR ATTENTION IS CALLED TO THE LOCATION OF THE LARGER NATIONAL PARKS IN WHICH THIS SITUATION COULD ARISE AND TO THE PROBLEMS PECULIAR TO THESE PARKS FROM A CONSERVATION AND RECREATIONAL STANDPOINT.

A-63392, AUGUST 29, 1935, 15 COMP. GEN. 156

APPROPRIATIONS - AVAILABILITY - MEALS FURNISHED TO EMPLOYEES OF CONTRACTORS FUNDS APPROPRIATED FOR THE PROTECTION AND ADMINISTRATION OF NATIONAL PARKS, AVAILABLE FOR COST OF MEAL SERVICE FURNISHED EMPLOYEES OF THE GOVERNMENT AND OF COOPERATING AGENCIES UNDER EMERGENCY CONDITIONS PURSUANT TO SECTION 4 OF THE ACT OF MAY 26, 1930, 46 STAT. 382, ARE NOT AVAILABLE FOR THE EXTENSION OF SUCH MEAL SERVICE TO EMPLOYEES OF CONTRACTORS PERFORMING SERVICES WITHIN NATIONAL PARKS.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE INTERIOR, AUGUST 29, 1935:

I HAVE YOUR LETTER OF JUNE 28, 1935, AS FOLLOWS:

THERE ARE ENCLOSED COPIES OF LETTERS DATED OCTOBER 11, OCTOBER 23, AND OCTOBER 30, 1934, AND MARCH 26, APRIL 8, AND APRIL 18, 1935, AND A COPY OF A TELEGRAM DATED JUNE 14, 1935.

AFTER A REVIEW OF THIS CORRESPONDENCE, PLEASE INFORM ME WHETHER THE PROCEDURE BEING FOLLOWED BY YOSEMITE NATIONAL PARK OF CREDITING THE ANNUAL APPROPRIATION WITH THE PROCEEDS OF DEDUCTIONS FROM THE CONTRACTOR'S VOUCHERS COVERING MEALS FURNISHED THE CONTRACTOR'S EMPLOYEES IS IN ACCORDANCE WITH EXISTING LEGISLATION, AND REGULATIONS PROMULGATED BY YOUR OFFICE AND THE TREASURY DEPARTMENT. IN THIS CONNECTION, YOUR ATTENTION IS CALLED TO THE LOCATION OF THE LARGER NATIONAL PARKS IN WHICH THIS SITUATION COULD ARISE AND TO THE PROBLEMS PECULIAR TO THESE PARKS FROM A CONSERVATION AND RECREATIONAL STANDPOINT, AS YOUR DECISION WILL BE APPLIED GENERALLY BY THE NATIONAL PARK SERVICE OF THIS DEPARTMENT.

IN THE ADVENT OF AN ADVERSE DECISION, CONSIDERATION SHOULD BE GIVEN TO THE HARDSHIP THAT RETROACTIVE APPLICATION WOULD CAUSE, AS SUCH ACTION WOULD RESULT IN THE INCURRING OF A DEFICIENCY IN THE YOSEMITE NATIONAL PARK APPROPRIATION.

I SHALL APPRECIATE YOUR EARLY DECISION IN ORDER THAT THE FIELD OFFICES OF THE NATIONAL PARK SERVICE MAY BE PROPERLY INSTRUCTED IN THIS MATTER.

IN A LETTER ADDRESSED TO THE DIRECTOR, NATIONAL PARK SERVICE, APRIL 18, 1935, THE SUPERINTENDENT, YOSEMITE NATIONAL PARK, STATED:

IN YOUR LETTER OF MARCH 8, 1934, YOU STATE THAT THE PRACTICE OF CREDITING THE ANNUAL APPROPRIATION FOR DEDUCTIONS ON CONTRACTOR'S VOUCHERS COVERING MEALS FURNISHED THEIR EMPLOYEES IS A VIOLATION OF EXISTING LEGISLATION UNDER WHICH, IN CERTAIN INSTANCES, APPROPRIATIONS MAY BE CREDITED FOR EMERGENCY SALES OF MEALS. YOU ALSO STATE THAT EVEN THOUGH THE NEW PROVISION IS INCLUDED IN THE APPROPRIATION BILL FOR THE FISCAL YEAR 1936, IT WOULD STILL BE IMPOSSIBLE TO CREDIT THESE DEDUCTIONS TO THE REGULAR PARK APPROPRIATION.

AS YOU KNOW, WE SELDOM TAKE ISSUE WITH THE INSTRUCTIONS RECEIVED FROM THE WASHINGTON OFFICE, BUT IN THIS INSTANCE, WE FEEL SO SURE OF OUR GROUND, THAT WE ARE ASKING YOU TO REVIEW YOUR DECISION AND IF YOU THINK ADVISABLE, AFTER CONSIDERING THE MATTER FURTHER, WE WOULD BE GLAD TO REFER THE MATTER TO THE COMPTROLLER GENERAL FOR DECISION.

YOUR DECISION AGAINST MAKING MEAL DEDUCTIONS FROM CONTRACTOR'S ESTIMATES REIMBURSABLE TO THE REGULAR ANNUAL APPROPRIATION AFFECTS THE UTILITY BUILDING CONTRACT NO. I-18P-922 PW, WITH L. S. PELETZ, UNDER WHICH WE HAVE BEEN FEEDING THE CONTRACTOR'S EMPLOYEES SINCE NOVEMBER 1934 AND TO DATE HAVE DEDUCTED FOR MEALS A TOTAL OF $2,200.10 FROM AMOUNTS DUE THIS CONTRACTOR, AND BY TRANSFER VOUCHER HAVE DEBITED THE PUBLIC WORKS PROJECT (FP 303) AND CREDITED THE MESS ACCOUNT, WHICH IS OPERATED UNDER THE REGULAR ANNUAL APPROPRIATION.

WE WISH TO DEFEND THIS PROCEDURE IN CONNECTION WITH THE CONTRACT IN QUESTION, AND WE SUBMIT THE FOLLOWING FOUR POINTS FOR YOUR CONSIDERATION.

1. THE UTILITY BUILDING PROJECT HAS BEEN UNDER CONSTRUCTION DURING THE WINTER SEASON WHEN SNOW CONDITIONS RENDER IMPOSSIBLE THE CONSTRUCTION AND MAINTENANCE OF A CONSTRUCTION CAMP FOR THE VALLEY, OR IN ANY OF THE REGULAR CAMP AREAS. REGARDLESS OF WINTER CONDITIONS, IF THIS PROJECT WERE UNDER CONSTRUCTION DURING THE SUMMER SEASON, IT WOULD BE ADMINISTRATIVELY UNDESIRABLE TO PERMIT A CONSTRUCTION CAMP WITH ITS ATTENDANT GARBAGE PROBLEMS, TOILET FACILITIES, AND COMPARATIVELY LOW CLASS LABOR ELEMENT, WHICH INVARIABLY CREATES PUBLIC ORDER PROBLEMS, TO CAMP IN OR NEAR ONE OF THE REGULAR PUBLIC CAMP GROUNDS MAINTAINED FOR THE ACCOMMODATION OF PARK VISITORS. AS YOU KNOW, THE PLACES AVAILABLE FOR CAMPING IN YOSEMITE VALLEY, ARE LIMITED, AND WHEN ALL OF THE CIRCUMSTANCES WERE TAKEN INTO CONSIDERATION, IT WAS ADMINISTRATIVELY DECIDED TO HOUSE AND FEED THIS CONTRACTOR'S EMPLOYEES IN THE ONE LOCATION AVAILABLE, THE GOVERNMENT CAMP, WHERE BUNKHOUSES AND MESS FACILITIES ARE ALREADY AVAILABLE AND ADEQUATE UNDER GOVERNMENT CONTROL. WE BELIEVE THAT THESE CIRCUMSTANCES MAKE IT NECESSARY TO FEED THIS CONTRACTOR'S EMPLOYEES UNDER THE EMERGENCY RULING.

THE NATIONAL PARK SERVICE ACCOUNT MANUAL, SECTION 205, ACCOUNT 304, APPROVED BY THE COMPTROLLER GENERAL, DOES NOT CONTEMPLATE THE FURNISHING OF MEALS, EXCEPT IN THOSE CASES WHERE IT IS NECESSARY FOR THE GOVERNMENT TO DO SO. IT IS, PERHAPS, FOR THIS REASON THAT THE SALE OF MEALS AS A MISCELLANEOUS RECEIPT ITEM IS NOT MENTIONED UNDER THIS ACCOUNT IN THE MANUAL. THE MANUAL DOES STATE THAT THIS ACCOUNT MAY BE CREDITED "/C) WITH SALE PRICE OF MEALS SOLD FOR CASH. (SUCH CASH SALES MUST BE LIMITED TO EMERGENCY CASES AND PROCEEDS DEPOSITED TO THE CREDIT OF THE APPROPRIATION UNDER WHICH THE MESS IS OPERATED.)" UNDER THE ABOVE OUTLINED CIRCUMSTANCES, ARE WE NOT RIGHT IN CONTENDING THAT THESE MEALS ARE SERVED UNDER EMERGENCY CONDITIONS?

2. IN STUDYING 7 COMP. GEN. 391, A DECISION RENDERED ON THIS SUBJECT SPECIFICALLY FOR YOSEMITE NATIONAL PARK, THE PRINCIPLE IS ADVANCED IN THE CASE OF THE SALE OF ELECTRICITY, THE PROCEEDS MUST BE COVERED INTO THE TREASURY AS MISCELLANEOUS RECEIPTS, EXCEPT FOR SUCH PERIODS AS IT CAN BE SHOWN THAT THE ELECTRICAL POWER FURNISHED WAS NOT SURPLUS ELECTRICITY OF THE PARK PLANT, BUT WAS PURCHASED ENERGY AND THE REGULAR PARK APPROPRIATION HAD ORIGINALLY BEEN CHARGED WITH THE COST THEREOF. IN SUCH CASES A TRANSFER OF FUNDS TO THE REGULAR APPROPRIATION IS PROPER. WHEN APPLYING THIS PRINCIPLE TO THE MEALS IN QUESTION WE FIND THAT THE REGULAR PARK APPROPRIATION "HAD ORIGINALLY BEEN CHARGED WITH THE COST THEREOF.'

3. IN THE SAME DECISION ANOTHER PRINCIPLE IS ADVANCED IN CONNECTION WITH THE RENTAL OF EQUIPMENT. "THIS IS A WELL-ESTABLISHED RULE AND IS BASED UPON THE THEORY THAT BY CREDITING THE AMOUNT OF SUCH DEDUCTIONS TO AN APPROPRIATION FOR EXPENDITURE WOULD AMOUNT TO AUGMENTING THE APPROPRIATION IN EXCESS OF THE AMOUNT APPROPRIATED BY LAW FOR PARK PURPOSES.' THIS PRINCIPLE IS NOT VIOLATED IN THE INSTANT CASE, AS THE APPROPRIATION BEING CREDITED IS NOT AUGMENTED IN EXCESS OF THE AMOUNT APPROPRIATED; IT IS MERELY BEING REIMBURSED FOR THE ACTUAL PRIOR COST OF PRODUCING AND SERVING THE MEALS. OUR 304 MESS OPERATIONS, IN CONFORMITY WITH THE ACCOUNTING MANUAL APPROVED BY THE COMPTROLLER GENERAL, MUST BE OPERATED AT COST.

NEAR THE END OF THE SAME DECISION, ON PAGE 396, THE SAME PRINCIPLE IS EXPRESSED IN DIFFERENT WORDS AND IS APPLICABLE WITH RESPECT TO SUPPLIES FURNISHED CONTRACTORS,"IF SUCH SUPPLIES WERE PURCHASED FROM APPROPRIATIONS MADE FOR FISCAL YEARS OTHER THAN THOSE FROM WHICH THE DEDUCTIONS WERE MADE.' WHILE THE CIRCUMSTANCES WHICH BROUGHT ABOUT THIS QUOTED DECISION ARE ADMITTEDLY DIFFERENT FROM THOSE OF THE INSTANT CASE, THE DIFFERENCE ITSELF SERVES TO SUBSTANTIATE THE ADVISABILITY OF OBTAINING A FRESH DECISION. WE QUOTE THIS DECISION BECAUSE OF THE PRINCIPLES LAID DOWN ONLY, AND THE CONCLUSIONS IN FAVOR OF MISCELLANEOUS RECEIPTS ARE BASED ON THE BUILDING UP OF A CURRENT APPROPRIATION AT THE EXPENSE OF A LAPSING APPROPRIATION, WHICH, OF COURSE, IS UNAUTHORIZED. IN THE CASE OF SERVING MEALS TO EMPLOYEES OF THE UTILITY BUILDING CONTRACT, TWO ACTIVE APPROPRIATIONS ARE INVOLVED. ONE IS BEING REIMBURSED FOR THE SERVICES RENDERED TO THE OTHER.

4. THE GOVERNMENT IS MEETING A CONTRACTUAL OBLIGATION IN FEEDING AND HOUSING THE CONTRACTOR'S EMPLOYEES. THE CONTRACTOR WAS SUBJECT TO THE DECISION OF THE CONTRACTING OFFICER AS TO WHERE AND HOW HE WOULD ACCOMMODATE HIS EMPLOYEES AND IT WAS ADMINISTRATIVELY DETERMINED, FOR THE GOOD OF YOSEMITE NATIONAL PARK TO ORDER THE CONTRACTOR TO ACCOMMODATE HIS EMPLOYEES IN THE GOVERNMENT CAMP. THE AMOUNT TRANSFERRED FROM THE CONSTRUCTION PROJECT TO THE CREDIT OF THE REGULAR PARK APPROPRIATION FOR MEALS IS NOT "PROCEEDS" IN THE ORDINARY SENSE OF THAT TERM,"BUT PAYMENT IN D," SIMILAR TO PAYMENT OF SALARY TO GOVERNMENT EMPLOYEES ON THE PUBLIC WORKS PAYROLL. MESS DEDUCTIONS FROM SUCH EMPLOYEES ARE REGULARLY TRANSFERRED FROM A PUBLIC WORKS PROJECT TO THE MESS ACCOUNT. THE CONTRACTOR IS PAID A PART OF THE AMOUNT DUE IN CASH AND A PART IN GOVERNMENT SERVICES ANNUAL APPROPRIATION TO ASSIST IN THE CONSTRUCTION OF THE PUBLIC WORKS PROJECT.

IN YOUR LETTER OF DECEMBER 11TH, WITH WHICH YOU TRANSMITTED THE APPROVED SUPPLEMENTAL AGREEMENT WITH L. S. PELETZ, YOU PRESUMABLY APPROVED OUR LETTER OF NOVEMBER 14TH, IN WHICH WE STATED THAT THE SUPPLEMENTAL AGREEMENT WOULD RENDER THE MEAL DEDUCTIONS REIMBURSABLE TO THE ANNUAL APPROPRIATION.

WE MUST ADD THAT IT IS IMPOSSIBLE TO FEED THESE MEN WITHOUT THE BENEFIT OF REPAYMENT TO THE APPROPRIATION. BY THE TIME THE UTILITY BUILDING CONTRACT IS COMPLETED, THE TOTAL COST OF MEALS FURNISHED TO THIS CONTRACTOR WILL BE BETWEEN THREE AND FOUR THOUSAND DOLLARS. WE HAVE BEEN OPERATING ALL YEAR ON DEFICIENT MAINTENANCE ALLOTMENTS, AND URGENT MAINTENANCE WORK ALREADY PROGRAMMED WILL HAVE TO BE DEFERRED, IF WE ARE FORCED TO MEET THIS UNANTICIPATED EXPENSE.

WE WOULD APPRECIATE AN EARLY REPLY TO ENABLE US TO MAKE OTHER ARRANGEMENTS WITH THE CONTRACTOR, FORCING HIM TO CONDUCT HIS OWN MESS OPERATION IN THE EVENT THAT YOUR DECISION IS UPHELD.

SECTION 4 OF THE ACT OF MAY 26, 1930, 46 STAT. 382, ENTITLED "AN ACT TO FACILITATE THE ADMINISTRATION OF NATIONAL PARKS BY THE UNITED STATES DEPARTMENT OF THE INTERIOR, AND FOR OTHER PURPOSES," PROVIDES:

THAT THE SECRETARY OF THE INTERIOR BE, AND HE IS HEREBY, AUTHORIZED IN EMERGENCIES WHEN NO OTHER SOURCE IS AVAILABLE FOR THE IMMEDIATE PROCUREMENT OF SUPPLIES, MATERIALS, OR SPECIAL SERVICES, TO AID AND ASSIST GRANTEES, PERMITTEES, OR LICENSEES CONDUCTING OPERATIONS FOR THE BENEFIT OF THE PUBLIC IN THE NATIONAL PARKS AND NATIONAL MONUMENTS BY THE SALE AT COST, INCLUDING TRANSPORTATION AND HANDLING OF SUCH SUPPLIES, MATERIALS, OR SPECIAL SERVICES AS MAY BE NECESSARY TO RELIEVE THE EMERGENCY AND INSURE UNINTERRUPTED SERVICES TO THE PUBLIC: PROVIDED, THAT THE RECEIPTS FROM SUCH SALES SHALL BE DEPOSITED AS A REFUND TO THE APPROPRIATION OR APPROPRIATIONS CURRENT AT THE DATE OF COVERING IN OF SUCH DEPOSIT, AND SHALL BE AVAILABLE FOR EXPENDITURE FOR NATIONAL PARK AND NATIONAL MONUMENT PURPOSES.

THE DEPARTMENT OF THE INTERIOR APPROPRIATION ACT, 1936, ACT OF MAY 9, 1935, 49 STAT. 208, 209, PROVIDES UNDER THE HEADING "NATIONAL PARK SERVICE" AS FOLLOWS:

YOSEMITE NATIONAL PARK, CALIFORNIA: FOR ADMINISTRATION, PROTECTION, AND MAINTENANCE, INCLUDING NOT EXCEEDING $2,550 FOR THE PURCHASE, MAINTENANCE, OPERATION, AND REPAIR OF MOTOR-DRIVEN PASSENGER-CARRYING VEHICLES FOR THE USE OF THE SUPERINTENDENT AND EMPLOYEES IN CONNECTION WITH GENERAL PARK WORK, NOT EXCEEDING $2,000 FOR MAINTENANCE OF THE ROAD IN THE STANISLAUS NATIONAL FOREST CONNECTING THE TIOGA ROAD WITH THE HETCHHETCHY ROAD NEAR MATHER STATION, AND INCLUDING NECESSARY EXPENSES OF A COMPREHENSIVE STUDY OF THE PROBLEMS RELATING TO THE USE AND ENJOYMENT OF THE YOSEMITE NATIONAL PARK AND THE PRESERVATION OF ITS NATURAL FEATURES, $286,100.

HEREAFTER CASH COLLECTIONS AND PAY ROLL DEDUCTIONS MADE FOR MEALS AND QUARTERS FURNISHED BY THE NATIONAL PARK SERVICE TO EMPLOYEES OF THE GOVERNMENT IN THE FIELD AND TO COOPERATING AGENCIES MAY BE CREDITED AS A REIMBURSEMENT TO THE CURRENT APPROPRIATION FOR THE ADMINISTRATION OF THE PARK OR MONUMENT IN WHICH THE ACCOMMODATIONS ARE FURNISHED.

UNDER THE PRACTICE AS OUTLINED IN THE QUOTED CORRESPONDENCE, THE COST OF MAINTAINING THE MEAL SERVICE FURNISHED THE CONTRACTOR APPEARS TO HAVE BEEN DEFRAYED FROM THE REGULAR ANNUAL APPROPRIATION FOR THE ADMINISTRATION, PROTECTION, AND MAINTENANCE OF THE YOSEMITE NATIONAL PARK. IN VIEW OF THE AUTHORIZATION CONTAINED IN THE ACT OF MAY 26, 1930, SUPRA, IT APPEARS THAT THE ANNUAL APPROPRIATION ACT INVOLVED PROPERLY MAY BE CONSTRUED TO COVER THE COST OF FURNISHING MEALS TO EMPLOYEES AND COOPERATING AGENCIES UNDER EMERGENCY CONDITIONS, AS AN EXPENSE INCIDENT TO THE ADMINISTRATION, PROTECTION, AND MAINTENANCE OF THE PARK. RECEIPTS FROM MEALS FURNISHED UNDER SUCH CIRCUMSTANCES PROPERLY WOULD BE FOR CREDITING IN ACCORDANCE WITH THE PROCEDURE PRESCRIBED IN SAID ACT, AS CONTEMPLATED BY THE LAST- QUOTED PROVISION OF THE ANNUAL APPROPRIATION ACT, 1936, SUPRA, FOR THE DEPARTMENT OF THE INTERIOR. HOWEVER, THE ACT OF MAY 26, 1930, SUPRA, CONTAINS NO AUTHORIZATION, EITHER EXPRESS OR IMPLIED, FOR FURNISHING MEALS UNDER ANY CIRCUMSTANCES TO EMPLOYEES OF CONTRACTORS ENGAGED IN THE PERFORMANCE OF CONTRACT WORK WITHIN THE NATIONAL PARKS. AN EXAMINATION OF THE ANNUAL APPROPRIATION ACTS FOR THE NATIONAL PARK SERVICE AND THE LEGISLATIVE HISTORY THEREOF OVER A PERIOD OF SEVERAL YEARS FAILS TO DISCLOSE ANY CONGRESSIONAL SANCTION FOR SUCH USE OF APPROPRIATED FUNDS, AND, IN THE ABSENCE OF AN EXPRESS AUTHORIZATION THEREFOR BY CONGRESS, IT MUST BE HELD THAT FUNDS APPROPRIATED FOR THE PROTECTION AND ADMINISTRATION OF NATIONAL PARKS ARE NOT AVAILABLE FOR THE EXTENSION OF MEAL SERVICE TO EMPLOYEES OF CONTRACTORS PERFORMING SERVICES WITHIN NATIONAL PARKS. ACCORDINGLY, THE PRACTICE SHOULD BE DISCONTINUED. WITH RESPECT TO AN ADJUSTMENT OF FUNDS USED AND RECEIPTS RECEIVED FOR MEALS FURNISHED TO EMPLOYEES OF THE CONTRACTOR IN THE INSTANCE HERE UNDER CONSIDERATION, THE EVIDENCE ESTABLISHES THAT SUCH MEALS WERE FURNISHED UNDER AN AGREEMENT ENTERED INTO UNDER THE ERRONEOUS ASSUMPTION THAT THE CIRCUMSTANCES INVOLVED CONSTITUTED AN EMERGENCY UNDER THE ACT OF MAY 26, 1930, SUPRA, AND THAT THE CONTRACTOR WAS INCLUDED IN THE CLASSES ENUMERATED THEREIN AS ELIGIBLE RECIPIENTS OF MEALS TO BE FURNISHED IN ACCORDANCE THEREWITH. VIEW OF THAT FACT AND THE IMPRACTICABILITY OF DETERMINING THE EXACT AMOUNT, IF ANY, BY WHICH THE ANNUAL APPROPRIATION HAS BEEN THUS ILLEGALLY AUGMENTED OR DEPLETED, NO ADJUSTMENT WILL BE REQUIRED WITH RESPECT TO MEALS FURNISHED UNDER THIS PARTICULAR CONTRACT. THAT IS TO SAY, THE PROCEDURE FOLLOWED WILL NOT BE FURTHER QUESTIONED IN THIS INSTANCE.

HOWEVER, IT APPEARS FROM THE PAPERS WHICH ACCOMPANIED YOUR SUBMISSION THAT, IN ADDITION TO THE MESS ARRANGEMENT, THE CONTRACTOR'S EMPLOYEES WERE PERMITTED TO MAKE USE OF GOVERNMENT BUNKHOUSES AND OTHER CAMP FACILITIES, APPARENTLY WITHOUT ANY CHARGE THEREFOR OR ANY REDUCTION IN THE CONTRACT PRICE. AS PROSPECTIVE BIDDERS ON THE PROJECT INVOLVED WERE ON NOTICE THAT THEY WOULD BE SUBJECTED TO THE EXPENSE OF PROVIDING FOR THE REQUIRED CAMP FACILITIES, WHICH EXPENSE, IT MUST BE ASSUMED, WAS TAKEN INTO CONSIDERATION IN THE PREPARATION OF BIDS, THIS MATTER SHOULD BE TAKEN INTO CONSIDERATION IN THE FINAL SETTLEMENT UNDER THE CONTRACT.