A-99783, JANUARY 6, 1939, 18 COMP. GEN. 589

A-99783: Jan 6, 1939

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BEING OF SUCH TYPE OF OFFICE FURNITURE AS IS USUALLY REQUIRED IN CONNECTION WITH THE WORK TO BE PERFORMED AND BEING FOR USE IN A BUILDING DESIGNED AND INTENDED TO SERVE AS QUARTERS FOR SUCH AN OFFICE. ARE ITEMS OF FURNITURE THE PROCUREMENT OF WHICH IS SPECIFICALLY AUTHORIZED UNDER THE POST OFFICE DEPARTMENT APPROPRIATION INVOLVED. IS AS FOLLOWS: IN ITS CAPACITY AS CUSTODIAN OF THE POST OFFICE BUILDING AT PITTSBURGH. SUCH EQUIPMENT AS HAS BEEN REQUISITIONED IS COVERED BY THE GENERAL SCHEDULE OF SUPPLIES. HOLDING THAT WHERE SPECIAL EQUIPMENT IS NEEDED BY AN AGENCY OCCUPYING SPACE IN THE FEDERAL BUILDING THE COST OF SUCH SPECIAL EQUIPMENT WOULD BE A CHARGE AGAINST THE FUNDS OF THE AGENCY REQUIRING IT RATHER THAN THE APPROPRIATION FOR THE PURCHASE OF STANDARD EQUIPMENT.

A-99783, JANUARY 6, 1939, 18 COMP. GEN. 589

PUBLIC BUILDINGS - FURNITURE FOR USE OF ANOTHER GOVERNMENT AGENCY - APPROPRIATION CHARGEABLE CABINETS AND TABLES SOUGHT IN CONNECTION WITH A UNITED STATES ATTORNEY'S OFFICE IN A POST OFFICE BUILDING, BEING OF SUCH TYPE OF OFFICE FURNITURE AS IS USUALLY REQUIRED IN CONNECTION WITH THE WORK TO BE PERFORMED AND BEING FOR USE IN A BUILDING DESIGNED AND INTENDED TO SERVE AS QUARTERS FOR SUCH AN OFFICE, ARE ITEMS OF FURNITURE THE PROCUREMENT OF WHICH IS SPECIFICALLY AUTHORIZED UNDER THE POST OFFICE DEPARTMENT APPROPRIATION INVOLVED, AND NOT SPECIAL EQUIPMENT SUCH AS WOULD REQUIRE THE COST TO BE CHARGED AGAINST THE FUNDS OF THE AGENCY REQUESTING ITS PROCUREMENT.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE POSTMASTER GENERAL, JANUARY 6, 1939:

YOUR LETTER OF DECEMBER 3, 1938, IS AS FOLLOWS:

IN ITS CAPACITY AS CUSTODIAN OF THE POST OFFICE BUILDING AT PITTSBURGH, PENNSYLVANIA, THIS DEPARTMENT HAS BEEN CALLED UPON BY THE DEPARTMENT OF JUSTICE TO FURNISH "KARDEX" FILING CABINETS AND TABLES FOR THE USE OF THE UNITED STATES ATTORNEY'S OFFICE WHICH OCCUPIES QUARTERS IN THAT BUILDING. SUCH EQUIPMENT AS HAS BEEN REQUISITIONED IS COVERED BY THE GENERAL SCHEDULE OF SUPPLIES, CLASS 54, ITEM 54-F-2325, AND MANUFACTURED BY THE REMINGTON-RAND COMPANY. HOWEVER, IN VIEW OF THE DECISION OF YOUR OFFICE DATED MARCH 31, 1937, HOLDING THAT WHERE SPECIAL EQUIPMENT IS NEEDED BY AN AGENCY OCCUPYING SPACE IN THE FEDERAL BUILDING THE COST OF SUCH SPECIAL EQUIPMENT WOULD BE A CHARGE AGAINST THE FUNDS OF THE AGENCY REQUIRING IT RATHER THAN THE APPROPRIATION FOR THE PURCHASE OF STANDARD EQUIPMENT, IT SEEMS QUESTIONABLE WHETHER THE CABINETS AND TABLES SOUGHT BY THE UNITED STATES ATTORNEY AND WHICH ARE NOT READILY ADAPTABLE FOR GENERAL USE WOULD BE CHARGEABLE AGAINST THE APPROPRIATION "FURNITURE, CARPETS AND SAFES FOR PUBLIC BUILDINGS, POST OFFICE DEPARTMENT.'

IT IS REQUESTED THAT YOU ADVISE AT AN EARLY DATE YOUR VIEWS UPON THE MATTER.

THE POST OFFICE DEPARTMENT APPROPRIATION ACT, 1939, PUBLIC NO. 453, SEVENTY-FIFTH CONGRESS, AMONG OTHER THINGS, PROVIDES:

FURNITURE, CARPETS, SAFES, AND PUBLIC BUILDINGS: FOR THE PROCUREMENT, INCLUDING TRANSPORTATION, OF FURNITURE, CARPETS, SAFES, SAFE AND VAULT PROTECTIVE DEVICES, AND REPAIRS OF SAME, FOR USE IN PUBLIC BUILDINGS WHICH ARE NOW, OR MAY HEREAFTER BE, OPERATED BY THE POST OFFICE DEPARTMENT, $625,000: PROVIDED, THAT, EXCEPTING EXPENDITURES FOR LABOR FOR OR INCIDENTAL TO THE MOVING OF EQUIPMENT FROM OR INTO PUBLIC BUILDINGS, THE FOREGOING APPROPRIATION SHALL NOT BE USED FOR PERSONAL SERVICES EXCEPT FOR WORK DONE UNDER CONTRACT OR FOR TEMPORARY JOB LABOR UNDER EXIGENCY AND NOT EXCEEDING AT ONE TIME THE SUM OF $100 AT ANY ONE BUILDING:PROVIDED FURTHER, THAT ALL FURNITURE NOW OWNED BY THE UNITED STATES IN OTHER PUBLIC BUILDINGS OR IN BUILDINGS RENTED BY THE UNITED STATES SHALL BE USED, SO FAR AS PRACTICABLE, WHETHER IT CORRESPONDS WITH THE PRESENT REGULATION PLAN OF FURNITURE OR NOT.

WHILE THE SUBMISSION STATES THAT THE CABINETS AND TABLES SOUGHT BY THE UNITED STATES ATTORNEY AT PITTSBURGH "ARE NOT READILY ADAPTABLE FOR GENERAL USE" IT IS UNDERSTOOD THEY ARE SUCH ITEMS OF OFFICE FURNITURE AS ARE USUALLY REQUIRED IN THE OFFICE OF A UNITED STATES ATTORNEY, AND THAT THE PARTICULAR BUILDING HERE IN QUESTION WAS DESIGNED AND INTENDED TO SERVE AS QUARTERS FOR SUCH AN OFFICE. IF SUCH UNDERSTANDING BE CORRECT THE CABINETS AND TABLES TO WHICH YOU REFER WOULD APPEAR TO BE, NOT SPECIAL EQUIPMENT SUCH AS REFERRED TO IN DECISION OF MARCH 31, 1937, A-84694, BUT ITEMS OF FURNITURE, THE PROCUREMENT OF WHICH IS SPECIFICALLY AUTHORIZED UNDER THE APPROPRIATION OF YOUR DEPARTMENT HEREIN QUOTED.