A-8713, APRIL 3, 1925, 4 COMP. GEN. 832

A-8713: Apr 3, 1925

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CONTRACTS MAY BE ENTERED INTO IN ADVANCE OF THE ACTUAL APPROPRIATIONS BUT THE CONTRACTS SO MADE IMPOSE NO OBLIGATION UPON THE GOVERNMENT BEYOND THE AMOUNT ACTUALLY APPROPRIATED AND ARE SUBJECT TO AND DEPENDENT UPON THE FUTURE APPROPRIATIONS BY CONGRESS AND MUST SO STIPULATE. 1925: I HAVE YOUR LETTER OF MARCH 24. THE ARLINGTON MEMORIAL BRIDGE COMMISSION AND ITS EXECUTIVE OFFICER HAVE AUTHORITY TO ENTER INTO CONTRACTS AT ONCE. IS HEREBY AUTHORIZED AND DIRECTED TO PROCEED AT ONCE WITH THE CONSTRUCTION OF A MEMORIAL BRIDGE ACROSS THE POTOMAC RIVER FROM THE VICINITY OF THE LINCOLN MEMORIAL IN THE CITY OF WASHINGTON TO AN APPROPRIATE POINT IN THE STATE OF VIRGINIA. WHICH SUM IS AUTHORIZED TO BE APPROPRIATED FROM ANY MONEYS AVAILABLE OR THAT MAY BECOME AVAILABLE IN THE TREASURY OF THE UNITED STATES: PROVIDED.

A-8713, APRIL 3, 1925, 4 COMP. GEN. 832

ARLINGTON MEMORIAL BRIDGE COMMISSION - CONTRACTING IN EXCESS OF APPROPRIATIONS UNDER THE AUTHORITY GIVEN THE ARLINGTON MEMORIAL BRIDGE COMMISSION BY THE ACT OF FEBRUARY 24, 1925, 43 STAT. 974, TO PROCEED AT ONCE WITH THE CONSTRUCTION OF THE BRIDGE AND TO PROSECUTE THE CONSTRUCTION TO COMPLETION BY CONTRACTS OR OTHERWISE, CONTRACTS MAY BE ENTERED INTO IN ADVANCE OF THE ACTUAL APPROPRIATIONS BUT THE CONTRACTS SO MADE IMPOSE NO OBLIGATION UPON THE GOVERNMENT BEYOND THE AMOUNT ACTUALLY APPROPRIATED AND ARE SUBJECT TO AND DEPENDENT UPON THE FUTURE APPROPRIATIONS BY CONGRESS AND MUST SO STIPULATE.

COMPTROLLER GENERAL MCCARL TO THE EXECUTIVE OFFICER, ARLINGTON MEMORIAL BRIDGE COMMISSION, APRIL 3, 1925:

I HAVE YOUR LETTER OF MARCH 24, 1925, REQUESTING DECISION WHETHER, IN VIEW OF THE PROVISIONS OF LAW, QUOTED BELOW, THE ARLINGTON MEMORIAL BRIDGE COMMISSION AND ITS EXECUTIVE OFFICER HAVE AUTHORITY TO ENTER INTO CONTRACTS AT ONCE, FOR WORK TO BE DONE IN SUCCEEDING YEARS IN AMOUNTS NOT EXCEEDING $14,750,000, COVERING THE 10-YEAR BUILDING PROGRAM AUTHORIZED BY SAID LAW.

THE ACT ENTITLED "AN ACT TO PROVIDE FOR THE CONSTRUCTION OF A MEMORIAL BRIDGE ACROSS THE POTOMAC RIVER FROM A POINT NEAR THE LINCOLN MEMORIAL IN THE CITY OF WASHINGTON TO AN APPROPRIATE POINT IN THE STATE OF VIRGINIA, AND FOR OTHER PURPOSES," APPROVED FEBRUARY 24, 1925, 43 STAT. 974, READS IN PART AS FOLLOWS:

BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE COMMISSION CREATED BY SECTION 23 OF THE ACT APPROVED MARCH 4, 1913 (THIRTY SEVENTH STATUTES, PAGE 885), IS HEREBY AUTHORIZED AND DIRECTED TO PROCEED AT ONCE WITH THE CONSTRUCTION OF A MEMORIAL BRIDGE ACROSS THE POTOMAC RIVER FROM THE VICINITY OF THE LINCOLN MEMORIAL IN THE CITY OF WASHINGTON TO AN APPROPRIATE POINT IN THE STATE OF VIRGINIA, INCLUDING APPROPRIATE APPROACHES, ROADS, STREETS, BOULEVARDS, AVENUES, AND WALKS LEADING THERETO ON BOTH SIDES OF SAID RIVER, TOGETHER WITH THE LANDSCAPE FEATURE APPERTAINING THERETO, ALL IN ACCORDANCE WITH THE DESIGN, SURVEYS, AND ESTIMATES OF COST TRANSMITTED BY SAID COMMISSION TO CONGRESS UNDER DATE OF APRIL 22, 1924: PROVIDED, THAT SAID COMMISSION MAY MAKE SUCH CHANGES IN DESIGN AND LOCATION OF SAID BRIDGE WITHOUT INCREASING THE TOTAL COST OF THE PROJECT AS IN ITS DISCRETION MAY BE FOUND TO BE NECESSARY OR ADVISABLE.

SEC. 2. THAT THE EXECUTION OF THE PROJECT HEREIN AND HEREBY AUTHORIZED SHALL BE CARRIED OUT UNDER THE GENERAL SUPERVISION OF THE ARLINGTON MEMORIAL BRIDGE COMMISSION IN THE IMMEDIATE CHARGE OF THE EXECUTIVE OFFICER OF THE SAID COMMISSION, AND THAT SAID CONSTRUCTION SHALL BE ENTERED UPON AS SPEEDILY AS PRACTICABLE IN ACCORDANCE WITH THE PLANS SUBMITTED BY THE SAID COMMISSION AND SHALL BE PROSECUTED TO COMPLETION BY CONTRACTS OR OTHERWISE, AS MAY BE MOST ECONOMICAL AND ADVANTAGEOUS TO THE GOVERNMENT AND APPROVED AND ORDERED BY THE SAID COMMISSION IN A TOTAL SUM NOT TO EXCEED $14,750,000, WHICH SUM IS AUTHORIZED TO BE APPROPRIATED FROM ANY MONEYS AVAILABLE OR THAT MAY BECOME AVAILABLE IN THE TREASURY OF THE UNITED STATES: PROVIDED, THAT SUCH APPROPRIATIONS AS MAY BE MADE UNDER THE AUTHORITY OF THIS ACT FOR THE EXECUTION OF SAID PROJECT SHALL BE CHARGEABLE TO THE TREASURY OF THE UNITED STATES AND THE REVENUES OF THE DISTRICT OF COLUMBIA IN SUCH MANNER AS SHALL THEN BE DETERMINED BY CONGRESS TO BE EQUITABLE: PROVIDED FURTHER, THAT THE OPENING, WIDENING, EXTENDING, OR IMPROVEMENT OF ANY STREETS OF THE DISTRICT OF COLUMBIA IN CONNECTION WITH THIS PROJECT SHALL BE SUBJECT TO ASSESSMENTS FOR BENEFITS IN ACCORDANCE WITH THE LAWS GOVERNING SIMILAR WORK UNDER THE COMMISSIONERS OF THE DISTRICT OF COLUMBIA: AND PROVIDED FURTHER, THAT IF THE BRIDGE IS CONSTRUCTED OTHERWISE THAN BY CONTRACT THERE SHALL BE KEPT ACCURATE AND ITEMIZED ACCOUNT OF ALL COSTS, INCLUDING LABOR, MATERIALS, RENTAL, REPAIRS, INSURANCE, DEPRECIATION OF PLANT AND EQUIPMENT, AND ALL OTHER ITEMS AND ENGINEERING COSTS PROPERLY CHARGEABLE TO THE CONSTRUCTION OF SAID BRIDGE.

SEC. 6. THAT THE PROJECT HEREIN AUTHORIZED MAY BE PROSECUTED BY DIRECT APPROPRIATIONS OR BY CONTINUING CONTRACTS, OR BY BOTH DIRECT APPROPRIATIONS AND CONTINUING CONTRACTS: PROVIDED, THAT THE EXPENDITURES IN ANY YEAR SHALL NOT EXCEED THE AMOUNTS FOR THE CORRESPONDING YEAR AS SHOWN IN THE TEN-YEAR PROGRAM OF EXPENDITURES AND CONSTRUCTION CONTAINED IN THE REPORT OF THE SAID COMMISSION.

SEC. 7. THAT SAID COMMISSION SHALL ANNUALLY SUBMIT TO CONGRESS, THROUGH THE BUREAU OF THE BUDGET, A STATEMENT OF SUMS OF MONEY PREVIOUSLY EXPENDED AND AN ESTIMATE OF THE TOTAL SUM OF MONEY NECESSARY TO BE EXPENDED IN THE NEXT SUCCEEDING YEAR TO CARRY ON THE WORK AUTHORIZED BY THIS ACT.

AN APPROPRIATION WAS MADE BY THE DEFICIENCY ACT OF MARCH 4, 1925, 43 STAT. 1316, UNDER THE HEADING "ARLINGTON MEMORIAL BRIDGE COMMISSION" MAKING AVAILABLE FUNDS FOR BEGINNING CONSTRUCTION WORK ON THE BRIDGE, IN THE FOLLOWING LANGUAGE:

FOR COMMENCING THE CONSTRUCTION OF THE ARLINGTON MEMORIAL BRIDGE ACROSS THE POTOMAC RIVER AT WASHINGTON, AUTHORIZED IN AN ACT ENTITLED "AN ACT TO PROVIDE FOR THE CONSTRUCTION OF A MEMORIAL BRIDGE ACROSS THE POTOMAC RIVER FROM A POINT NEAR THE LINCOLN MEMORIAL IN THE CITY OF WASHINGTON TO AN APPROPRIATE POINT IN THE STATE OF VIRGINIA, AND FOR OTHER PURPOSES," APPROVED FEBRUARY 24, 1925, TO BE EXPENDED IN ACCORDANCE WITH THE PROVISIONS AND CONDITIONS OF THE SAID ACT, $500,000, TO REMAIN AVAILABLE UNTIL EXPENDED.

THE AMOUNT OF $14,750,000 AUTHORIZED TO BE EXPENDED BY SECTION 2 OF THE ACT OF FEBRUARY 24, 1925, IN THE CONSTRUCTION OF THE MEMORIAL BRIDGE AND ITS APPROACHES IN CARRYING OUT THE 10-YEAR BUILDING PROGRAM IN ACCORDANCE WITH THE DESIGN, SURVEY, AND ESTIMATES AS RECOMMENDED BY THE ARLINGTON MEMORIAL BRIDGE COMMISSION IN ITS REPORT OF APRIL 22, 1924, IS TO BE APPORTIONED TO THE YEARS AND FOR PURPOSES INDICATED AS FOLLOWS:

CHART

END OF -- EXPENDED WORK TO BE COMPLETED DURING YEAR

DURING YEAR FIRST YEAR ---- $500,000 ENGINEERING FORCES ORGANIZED; EQUIPMENT,

PLANT, INSTRUMENTS, AND FURNITURE

PURCHASED; WORKING DRAWINGS PREPARED,

GRADING AND DREDGING FINISHED,

CONSULTANTS RETAINED, AND CONTRACTS

LET FOR ACTUAL CONSTRUCTION WORK ON

BRIDGE. SECOND YEAR --- 2,500,000 WORK ON RIVER PIERS HALF COMPLETED. THIRD YEAR ---- 2,500,000 WORK ON PIERS COMPLETED AND CONSTRUCTION

OF ARCHES AND SUPERSTRUCTURE BEGUN. FOURTH YEAR --- 2,500,000

ARCHES AND SUPERSTRUCTURE FINISHED;

DRAW SPAN INSTALLED; PLAZA AND WATER

GATE AT LINCOLN MEMORIAL, AVENUE

ACROSS COLUMBIA ISLAND, TWIN BRIDGE

OVER BOUNDARY CHANNEL, PARKWAY

TO CEMETERY AND DRIVEWAYS IN CEMETERY

HALF FINISHED. FIFTH YEAR ---- 2,000,000 ORNAMENTATION OF MAIN BRIDGE AND TWIN

BRIDGE OVER BOUNDARY CHANNEL AND ALL

WORK STARTED IN FOURTH YEAR FINISHED,

THUS PROVIDING ACCESS ACROSS BRIDGE

INTO CEMETERY OVER COMPLETED AVENUE. SIXTH YEAR ---- 1,000,000 IN THE LAST FIVE YEARS THE FORMAL SEVENTH YEAR -- 1,000,000 TREATMENT ON COLUMBIA ISLAND WILL GO EIGHTH YEAR --- 1,000,000FORWARD WITH THE FILLING OF THE ISLAND NINTH YEAR ---- 1,000,000 BY THE DREDGING IN VIRGINIA CHANNEL TENTH YEAR ---- 1,000,000

AND BY DUMPING FROM TRUCKS. THE

MEMORIAL ENTRANCE TO THE CEMETERY AND

ALL LANDSCAPE WORK WILL BE FINISHED

AT THE END OF THIS PERIOD INCLUDING

THE IMPROVEMENT OF B STREET AND

TWENTY-THIRD STREET.

THE INTENT OF CONGRESS IN ADOPTING THE 10-YEAR BUILDING PROGRAM AND IN AUTHORIZING EXPENDITURES DURING THAT PERIOD FROM APPROPRIATIONS TO BE MADE FROM TIME TO TIME NOT TO EXCEED A TOTAL OF $14,750,000, AS GATHERED FROM THE FOREGOING, WAS TO CONFER AUTHORITY ON THE COMMISSION TO ENTER INTO CONTRACTS WITH PRIVATE PARTIES AFTER DUE AND PROPER COMPETITION TO CONTINUE FOR THE PERIOD NECESSARY FOR THE CONSTRUCTION OF THE BRIDGE AND ITS APPROACHES OR TU AUTHORIZE PROSECUTION OF THE WORK DIRECTLY BY THE COMMISSION, OR BOTH, AS THE COMMISSION MIGHT DEEM ADVISABLE.

IN PUBLIC WORKS OF MAGNITUDE, IT HAS BEEN CUSTOMARY FOR CONGRESS TO GRANT AUTHORITY THEREFOR WITHIN A LIMIT OF COST, BUT ONLY MAKE APPROPRIATIONS BY FISCAL YEARS AS THE PROGRESS OF THE WORK REQUIRES RATHER THAN IMMEDIATELY APPROPRIATING THE ENTIRE AMOUNT OF THE AUTHORIZATION. THE AUTHORIZATION AND NOT THE APPROPRIATION IS THE AUTHORITY FOR CONTRACTING FOR SO MUCH OF THE WORK AS THE PHYSICAL AND THE ORDERLY SEQUENCE OF CONSTRUCTION MAKES NECESSARY, BUT THE CONTRACTS SO MADE IMPOSE NO OBLIGATION UPON THE GOVERNMENT BEYOND THE AMOUNT ACTUALLY APPROPRIATED, AND CONTRACTS SO MADE ARE SUBJECT TO AND DEPENDENT UPON FUTURE APPROPRIATIONS BY CONGRESS, AND MUST SO STIPULATE. SEE 13 COMP. DEC. 478; 14 ID. 755. THE ENTERING INTO CONTRACTS BY THE COMMISSION UNDER THE ACT OF FEBRUARY 24, 1925, IS AUTHORIZED ACCORDINGLY.