B-128251, JUL. 2, 1956

B-128251, JUL. 2, 1956

TO MR. JOHN W. HALL, AUTHORIZED CERTIFYING OFFICER, POST OFFICE DEPARTMENT:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 7, 1956, YOUR REFERENCE ARCS:JWH:AMQ, REQUESTING TO BE ADVISED WHETHER PAYMENT PROPERLY MAY BE MADE ON THE VOUCHER ENCLOSED THEREWITH. THE VOUCHER IS STATED IN THE SUM OF $405 AND IN FAVOR OF THE CALIFORNIA NATIONAL GUARD.

IT IS EXPLAINED THAT THE AMOUNT INVOLVED REPRESENTS A CLAIM FOR RENTAL OF THE NATIONAL GUARD ARMORY AT MANHATTAN BEACH, CALIFORNIA, FOR TEMPORARY SPACE FURNISHED TO THE POST OFFICE DEPARTMENT FROM DECEMBER 5 TO DECEMBER 31, 1955. YOUR QUESTION IN THE MATTER IS STATED TO ARISE BY REASON OF THE FACT THAT LOCAL NATIONAL GUARD OFFICIALS HAD AGREED TO LEASE THE SPACE TO THE POST OFFICE DEPARTMENT FOR $50. HOWEVER, IT LATER DEVELOPED THAT THE LOCAL OFFICIALS HAD NO AUTHORITY TO GRANT A LEASE OF THE ARMORY AND THAT THE PRIOR EXISTING POLICY OF LEASING SUCH SPACE TO THE POST OFFICE DEPARTMENT FOR A NOMINAL RENT HAD BEEN CHANGED TO PROVIDE FOR REIMBURSEMENT FOR ALL EXPENSES ATTACHED TO SUCH LEASING. THE STATE HEADQUARTERS FOR THE NATIONAL GUARD HAVE, THEREFORE, SUBMITTED A BILL TO THE POST OFFICE DEPARTMENT FOR SUCH RENTAL AT THE RATE OF $15 PER DAY DURING THE PERIOD INVOLVED OR A TOTAL OF $405.

UNDER THE CIRCUMSTANCES DESCRIBED ABOVE IT APPEARS THERE EXISTED NO VALID CONTRACT COVERING THE LEASING OF THE SPACE INVOLVED. HOWEVER, SINCE THE SPACE WAS USED FOR POSTAL ACTIVITIES AND THE GOVERNMENT HAS RECEIVED THE BENEFIT THEREOF, YOU ARE ADVISED THAT WE WOULD NOT BE REQUIRED TO QUESTION PAYMENT OF THE VOUCHER IF IT BE ADMINISTRATIVELY DETERMINED THAT THE AMOUNT THEREOF DOES ..END :