B-123014, JULY 8, 1955, 35 COMP. GEN. 3

B-123014: Jul 8, 1955

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APPROPRIATIONS - FISCAL YEAR - JOB ORDERS FOR BUILDING REPAIRS AND ALTERATIONS JOB ORDERS WHICH WERE PLACED WITH GENERAL SERVICES ADMINISTRATION IN JUNE 1954. JOB ORDERS WERE ISSUED TO THE GENERAL SERVICES ADMINISTRATION IN JUNE 1954 CHARGEABLE TO THE APPROPRIATION "7548704. GSA WAS UNABLE TO PERFORM THE WORK BY JUNE 30. NEW JOB ORDERS WERE ISSUED IN JULY 1954 CHARGEABLE TO THE FISCAL YEAR 1955 APPROPRIATION "7558704.'. THE WORK WAS PERFORMED DURING JULY. YOU CONTEND THAT THE WORK REPRESENTED BONA FIDE NEEDS OF THE FISCAL YEAR 1954 AND THE COST THEREOF IS PROPERLY CHARGEABLE TO THE APPROPRIATION "7548704.'. SINCE THE WORK WAS ACCOMPLISHED AND REIMBURSEMENT WILL BE MADE THROUGH THE USE OF A REVOLVING FUND (47X4531.

B-123014, JULY 8, 1955, 35 COMP. GEN. 3

APPROPRIATIONS - FISCAL YEAR - JOB ORDERS FOR BUILDING REPAIRS AND ALTERATIONS JOB ORDERS WHICH WERE PLACED WITH GENERAL SERVICES ADMINISTRATION IN JUNE 1954, PURSUANT TO STATUTORY REGULATION, FOR ALTERATION OF A BUILDING BY THE SOCIAL SECURITY ADMINISTRATION MAY BE TREATED AS VALID OBLIGATIONS AGAINST THE 1954 SOCIAL SECURITY ADMINISTRATION APPROPRIATION, NOTWITHSTANDING GENERAL SERVICES PERFORMED THE WORK AFTER THE 1954 FISCAL YEAR.

TO WENDELL H. BEARDEN, DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE, JULY 8, 1955:

YOUR LETTER OF FEBRUARY 17, 1955, REQUESTED A DECISION AS TO THE PROPER FISCAL YEAR APPROPRIATION CHARGEABLE FOR CERTAIN REPAIRS OR ALTERATIONS TO A BUILDING AT 170 VARICK STREET, NEW YORK, NEW YORK, WHICH THE SOCIAL SECURITY ADMINISTRATION REQUESTED THE GENERAL SERVICES ADMINISTRATION TO PERFORM.

JOB ORDERS WERE ISSUED TO THE GENERAL SERVICES ADMINISTRATION IN JUNE 1954 CHARGEABLE TO THE APPROPRIATION "7548704, SALARIES AND EXPENSES, BUREAU OF OLD-AGE AND SURVIVORS INSURANCE, SOCIAL SECURITY ADMINISTRATION 1954.' HOWEVER, GSA WAS UNABLE TO PERFORM THE WORK BY JUNE 30, 1954, AND, AT THE REQUEST OF GSA, NEW JOB ORDERS WERE ISSUED IN JULY 1954 CHARGEABLE TO THE FISCAL YEAR 1955 APPROPRIATION "7558704.' THE WORK WAS PERFORMED DURING JULY, AUGUST, AND SEPTEMBER 1954.

YOU CONTEND THAT THE WORK REPRESENTED BONA FIDE NEEDS OF THE FISCAL YEAR 1954 AND THE COST THEREOF IS PROPERLY CHARGEABLE TO THE APPROPRIATION "7548704.' YOU STATE THAT A REVIEW OF OUR DECISIONS, PARTICULARLY 31 COMP. GEN. 83, DOES NOT INDICATE THAT THE TRANSACTION HERE IN QUEST INVOLVES THE RESTRICTION AS TO AVAILABILITY OF FUNDS ARISING PURSUANT TO SECTION 1210 OF THE GENERAL APPROPRIATION ACT, 1951, 64 STAT. 765, 31 U.S.C. 686-1, SINCE THE WORK WAS ACCOMPLISHED AND REIMBURSEMENT WILL BE MADE THROUGH THE USE OF A REVOLVING FUND (47X4531, BUILDINGS MANAGEMENT FUND, GSA).

IT IS UNDERSTOOD THAT THE BUILDING AT 170 VARICK STREET, NEW YORK, NEW YORK, IS LEASED BY GSA FOR A PERIOD OF FIVE YEARS EXPIRING IN SEPTEMBER 1955, AT AN ANNUAL RENTAL OF $128,500, AND IS OCCUPIED SOLELY BY THE SOCIAL SECURITY ADMINISTRATION. THE REGULATIONS OF THE GENERAL SERVICES ADMINISTRATION (1GSA REG. II-304.05 (B) ( AND GSA CIRCULAR NO. 77, DATED NOVEMBER 10, 1953, PROHIBIT FEDERAL AGENCIES FROM ARRANGING TO HAVE LEASED SPACE REPAIRED OR ALTERED WITHOUT PRIOR APPROVAL OF GSA.

THE SOCIAL SECURITY ADMINISTRATION MAY BE REGARDED AS BEING REQUIRED BY STATUTORY REGULATIONS TO HAVE THE INSTANT WORK PERFORMED BY GSA. BY OUR DECISION OF JUNE 28, 1955, 34 COMP. GEN. 705, TO THE ADMINISTRATOR OF GSA, IT WAS HELD THAT JOB ORDERS PLACED WITH GSA FOR TENANT CHANGES OR BUILDING ALTERATIONS WHICH ARE REQUIRED BY LAW OR STATUTORY REGULATION TO BE PLACED WITH GSA MAY BE TREATED AS OBLIGATIONS UNDER THE PROVISIONS OF SECTION 1311 (A) (3) OF THE SUPPLEMENTAL APPROPRIATION ACT, 1955, PUBLIC LAW 663, APPROVED AUGUST 26, 1954, 68 STAT. 800, 830, 31 U.S.C. 200. ACCORDINGLY THE JOB ORDERS HERE INVOLVED WHICH WERE ORIGINALLY ISSUED IN JUNE 1954 MAY BE TREATED AS VALID OBLIGATIONS AGAINST THE 1954 APPROPRIATION, IF OTHERWISE PROPER.

ORDERS REQUIRED BY LAW TO BE PLACED WITH ANOTHER GOVERNMENT AGENCY ARE NOT ISSUED UNDER THE AUTHORITY OF SECTION 601 OF THE ECONOMY ACT OF 1932, 47 STAT. 417, AS AMENDED, 31 U.S.C. 686, AND, FOR THAT REASON, ARE NOT SUBJECT TO THE RESTRICTION ON FUNDS TRANSFERRED UNDER THAT ACT CONTAINED IN SECTION 1210 OF THE GENERAL APPROPRIATION ACT, 1951, 64 STAT. 765. THE FACT THAT THE WORK WAS ACCOMPLISHED AND THAT REIMBURSEMENT WILL BE MADE THROUGH THE USE OF A REVOLVING FUND IS IMMATERIAL. B-123621, JUNE 28, 1955, 34 COMP. GEN. 705.

THE TWO INVOICES AND RELATED JOB ORDERS ENCLOSED IN YOUR LETTER ARE RETURNED HEREWITH AND MAY BE CERTIFIED FOR PAYMENT FROM THE APPROPRIATION "7548704" IF OTHERWISE PROPER.