A-89137, SEPTEMBER 25, 1937, 17 COMP. GEN. 283

A-89137: Sep 25, 1937

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ALTERATIONS TO LEASED BUILDINGS BY GOVERNMENT CONTRACTS - APPROPRIATION AVAILABILITY AND APPLICABILITY OF STATUTORY "PUBLIC BUILDING" REQUIREMENTS IN VIEW OF THE TERMS OF THE APPLICABLE LEASE THERE IS NO OBJECTION TO THE ALTERATION OF THE LEASED BUILDING BY THE POST OFFICE DEPARTMENT UNDER A PROPER CONTRACT. FUEL IS AVAILABLE FOR SUCH ALTERATION. AN AUTHORIZED GOVERNMENT CONTRACT FOR THE ALTERATION OF A BUILDING LEASED TO THE GOVERNMENT FOR PUBLIC PURPOSES IS A CONTRACT FOR THE ALTERATION OF A PUBLIC BUILDING REQUIRING CONTRACTOR'S COMPLIANCE. IS NOT A MATTER FOR DETERMINATION BY THE GENERAL ACCOUNTING OFFICE. IS AS FOLLOWS: ADDITIONAL SPACE IS URGENTLY REQUIRED IN THE BUILDING LEASED FOR THE USE OF THE PARCEL POST STATION AT BALTIMORE.

A-89137, SEPTEMBER 25, 1937, 17 COMP. GEN. 283

ALTERATIONS TO LEASED BUILDINGS BY GOVERNMENT CONTRACTS - APPROPRIATION AVAILABILITY AND APPLICABILITY OF STATUTORY "PUBLIC BUILDING" REQUIREMENTS IN VIEW OF THE TERMS OF THE APPLICABLE LEASE THERE IS NO OBJECTION TO THE ALTERATION OF THE LEASED BUILDING BY THE POST OFFICE DEPARTMENT UNDER A PROPER CONTRACT, IN ORDER TO PROVIDE NECESSARY ADDITIONAL SPACE, AND THE DEPARTMENT'S APPROPRIATION FOR RENT, LIGHT, AND FUEL IS AVAILABLE FOR SUCH ALTERATION. AN AUTHORIZED GOVERNMENT CONTRACT FOR THE ALTERATION OF A BUILDING LEASED TO THE GOVERNMENT FOR PUBLIC PURPOSES IS A CONTRACT FOR THE ALTERATION OF A PUBLIC BUILDING REQUIRING CONTRACTOR'S COMPLIANCE, IN CONNECTION WITH THE WORK UNDER THE CONTRACT, WITH THE TERMS OF SECTION 3, TITLE III, ACT OF MARCH 3, 1933, 47 STAT. 1520, THE ACT OF AUGUST 30, 1935, 49 STAT. 1011, AND APPLICABLE REGULATIONS ISSUED PURSUANT TO SECTION 2 OF THE ACT OF JUNE 13, 1934, 48 STAT. 948, BUT THE APPLICABILITY OF SECTION 1 OF THE LATTER ACT RELATIVE TO FINES, ETC., FOR VIOLATION THEREOF, IS NOT A MATTER FOR DETERMINATION BY THE GENERAL ACCOUNTING OFFICE.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE POSTMASTER GENERAL, SEPTEMBER 25, 1937:

YOUR LETTER OF SEPTEMBER 23, 1937, IS AS FOLLOWS:

ADDITIONAL SPACE IS URGENTLY REQUIRED IN THE BUILDING LEASED FOR THE USE OF THE PARCEL POST STATION AT BALTIMORE, MARYLAND, AND THE DEPARTMENT PROPOSES TO ENTER INTO A CONTRACT ON THE BASIS OF BIDS SOLICITED THROUGH ADVERTISEMENT TO FLOOR OVER THE SKYLIGHT ON THE SECOND FLOOR OF THE BUILDING WHICH IS NOW OCCUPIED. THREE BIDS HAVE BEEN OBTAINED, THE LOWEST BEING IN THE SUM OF $3,140. THE LEASE ON THESE QUARTERS RUNS TO OCTOBER 17, 1949.

IN CONSIDERATION OF THE PROVISIONS OF PARAGRAPH 8 OF THE LEASE, A COPY OF WHICH IS ON FILE IN THE POST OFFICE DEPARTMENT DIVISION OF YOUR OFFICE (AND WHICH IS ON THE STANDARD FORM), YOUR DECISION IS SOUGHT AS TO THE PROPRIETY OF CONTRACTING FOR THE NECESSARY ALTERATIONS; AND ON THE QUESTION WHETHER THE COST OF THIS WORK IS PROPERLY CHARGEABLE TO THE RENT, LIGHT, AND FUEL APPROPRIATION.

IT IS FURTHER REQUESTED THAT YOU ADVISE WHETHER THE PROPOSED CONTRACT WOULD BE CONSIDERED AS A ,PUBLIC WORK" REQUIRING COMPLIANCE BY THE CONTRACTOR WITH THE ACTS OF MARCH 3, 1933 (PUBLIC ACT NO. 428, TITLE 3, SECTION 3); JUNE 13, 1934 (PUBLIC ACT NO. 324, 48 STAT. 948); OR AUGUST 30, 1935 (PUBLIC ACT NO. 403).

IN VIEW OF THE URGENCY OF THE DEPARTMENT'S NEED FOR SPACE AN EARLY DECISION WILL BE APPRECIATED.

PARAGRAPH 8 OF THE LEASE PROVIDES:

THE GOVERNMENT SHALL HAVE THE RIGHT, DURING THE EXISTENCE OF THIS LEASE, TO MAKE ALTERATIONS, ATTACH FIXTURES, AND ERECT ADDITIONS, STRUCTURES, OR SIGNS, IN OR UPON THE PREMISES HEREBY LEASED (PROVIDED SUCH ALTERATIONS, ADDITIONS, STRUCTURES, OR SIGNS SHALL NOT BE DETRIMENTAL TO OR INCONSISTENT WITH THE RIGHTS GRANTED TO OTHER TENANTS ON THE PROPERTY OR IN THE BUILDING IN WHICH SAID PREMISES ARE LOCATED); WHICH FIXTURES, ADDITIONS, OR STRUCTURES SO PLACED IN OR UPON OR ATTACHED TO THE SAID PREMISES SHALL BE AND REMAIN THE PROPERTY OF THE GOVERNMENT AND MAY BE REMOVED THEREFROM BY THE GOVERNMENT PRIOR TO THE TERMINATION OF THIS LEASE; AND THE GOVERNMENT, IF REQUIRED BY THE LESSOR, SHALL, BEFORE THE EXPIRATION OF THIS LEASE OR RENEWAL THEREOF, RESTORE THE PREMISES TO THE SAME CONDITION AS THAT EXISTING AT THE TIME OF ENTERING UPON THE SAME UNDER THIS LEASE, REASONABLE AND ORDINARY WEAR AND TEAR AND DAMAGES BY THE ELEMENTS OR BY CIRCUMSTANCES OVER WHICH THE GOVERNMENT HAS NO CONTROL EXCEPTED: PROVIDED, HOWEVER, THAT IF THE LESSOR REQUIRES SUCH RESTORATION, THE LESSOR SHALL GIVE WRITTEN NOTICE THEREOF TO THE GOVERNMENT NINETY DAYS BEFORE THE TERMINATION OF THE LEASE.

THE PREMISES SO LEASED ARE MORE PARTICULARLY DESCRIBED IN PARAGRAPH 2 OF THE LEASE, AS FOLLOWS:

THE LESSOR HEREBY LEASES TO THE GOVERNMENT THE FOLLOWING-DESCRIBED PREMISES, VIZ: ALL THAT CERTAIN REINFORCED CONCRETE AND STEEL FIREPROOF BUILDING, WITH BOILER AND TRANSFORMER ROOMS AND CONVEYOR HOUSINGS SUSPENDED BENEATH, KNOWN AS NOS. 1501-3-5-7-9 AND 11 SAINT PAUL STREET, BALTIMORE, MARYLAND, SITUATED ON THE EAST SIDE OF SAINT PAUL STREET BETWEEN MOUNT ROYAL AVENUE AND LANVALE STREET, OVER THE RIGHT OF WAY OF THE PENNSYLVANIA RAILROAD COMPANY, TOGETHER WITH MAIL SACK STORAGE SPACE AND A MAIL LOADING PLATFORM AND RAMP LOCATED ON THE GROUND BELOW AND CONNECTED WITH THE BUILDING ABOVE BY ELEVATORS, STAIRS, LIFTS, AND CHUTES, PROVIDING ALTOGETHER NOT LESS THAN 82,000 SQUARE FEET OF FLOOR SPACE; TWO PRIVATE DRIVEWAYS, ONE 50 FEET WIDE ON THE NORTH SIDE OF THE BUILDING, AND THE OTHER 20 FEET WIDE ON THE SOUTH SIDE OF THE BUILDING, WITH THE USE OF A REAR EXIT TO A STREET 40 FEET IN WIDTH, TO BE USED EXCLUSIVELY AS AND FOR A POST OFFICE STATION TO BE KNOWN AS "PARCEL POST STATION" OF BALTIMORE, MARYLAND.

THIS OFFICE IS INFORMALLY ADVISED THAT THE ALTERATION IS DESIRED PARTICULARLY AT THIS TIME DUE TO THE FACT THAT PARCELS FROM A LARGE MAIL- ORDER ESTABLISHMENT IN BALTIMORE HERETOFORE HAVE BEEN DISTRIBUTED IN SPACE FURNISHED BY SAID ESTABLISHMENT IN ITS PLANT; THAT SAID ESTABLISHMENT HAS INFORMED THE POSTAL AUTHORITIES THAT IT CAN NO LONGER PERMIT THE USE OF ITS SPACE FOR THAT URPOSE; AND THAT IT IS TO PROVIDE ADDITIONAL FLOOR SPACE FOR THIS PARCEL-POST HANDLING, AS WELL AS TO FACILITATE OTHER PARCEL -POST ACTIVITIES ON THE SECOND FLOOR OF THE LEASED BUILDING THAT IT BECOMES NECESSARY TO REPLACE THE SKYLIGHT REFERRED TO IN YOUR SUBMISSION WITH A FLOOR.

ASSUMING THAT THE 82,000 SQUARE FEET OF FLOOR SPACE TO WHICH THE GOVERNMENT IS ENTITLED UNDER THE LEASE HAS BEEN FURNISHED EXCLUSIVE OF THE ADDITIONAL SPACE WHICH THE PROPOSED ALTERATION WILL PROVIDE, THIS OFFICE WILL NOT BE REQUIRED TO OBJECT TO THE PROPOSED ALTERATION UNDER AN OTHERWISE PROPER CONTRACT MADE BY YOUR DEPARTMENT AS A CHARGE UNDER YOUR APPROPRIATION FOR RENT, LIGHT, AND FUEL. (SEE 6 COMP. GEN. 215).

AN AUTHORIZED GOVERNMENT CONTRACT FOR THE ALTERATION OF A BUILDING LEASED TO THE GOVERNMENT FOR PUBLIC PURPOSES IS A CONTRACT FOR THE ALTERATION OF A PUBLIC BUILDING WITHIN THE PURVIEW OF SECTION 3, TITLE III, OF THE ACT OF MARCH 3, 1933 (47 STAT. 1520), AND THE ACT OF AUGUST 30, 1935 (49 STAT. 1011). HENCE, SAID STATUTES ARE APPLICABLE TO THE CONTRACT HERE PROPOSED.

WHILE THE QUESTION AS TO WHETHER THE PROVISIONS OF SECTION 1 OF THE ACT OF JUNE 13, 1934 (48 STAT. 948), WOULD BE APPLICABLE TO A CONTRACT SUCH AS IS HERE PROPOSED IS NOT FOR DETERMINATION BY THIS OFFICE, IT WOULD SEEM ADVISABLE THAT ANY OTHERWISE APPLICABLE REQUIREMENTS OF THE REGULATIONS PRESCRIBED PURSUANT TO SECTION 2 OF SAID ACT BE OBSERVED IN CONNECTION WITH THE WORK UNDER SAID CONTRACT.