B-131945, JUN. 11, 1957

B-131945: Jun 11, 1957

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THE REQUEST FOR DECISION IS BY AN OFFICIAL SUBORDINATE TO YOU AND IN THAT CONNECTION YOUR ATTENTION IS DIRECTED TO CIRCULAR LETTER OF OUR OFFICE DATED DECEMBER 13. THE MATTER WILL BE TREATED AS A SUBMISSION BY YOU. ALTERATIONS FOR THE NORTH WING ARE ESTIMATED TO COST $40. 000 AND THE ALTERATIONS TO THE NORTHWEST WING ARE ESTIMATED TO COST $23. IT FURTHER STATES THAT THE JUDGE WISHES TO PAY FOR THE ALTERATIONS FROM FUND "C" AND IS WILLING TO AUTHORIZE THESE PAYMENTS AS HE IS OF THE OPINION THAT THE NECESSARY RENOVATION OF EXISTING FACILITIES IS WITHIN THE TERM . WE HAVE HELD THAT THE DIRECTION OR ORDER OF THE JUDGE FOR PAYMENT OF AN INCIDENTAL EXPENSE OF THE COURT FROM FUND "C" IS CONCLUSIVE UPON THE ACCOUNTING OFFICERS IF THE EXPENSE SO DIRECTED TO BE PAID IS IN FACT AN INCIDENTAL EXPENSE. 5 COMP.

B-131945, JUN. 11, 1957

TO THE HONORABLE ELMORE WHITEHURST, ACTING DIRECTOR, ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS:

ON MAY 22, 1957, THE CHIEF OF BUSINESS ADMINISTRATION REQUESTED OUR DECISION AS TO WHETHER THE COST OF ALTERATIONS PROPOSED TO BE MADE IN THE POST OFFICE AND COURTHOUSE BUILDING AT ANCHORAGE, ALASKA, MAY BE PAID FROM FUND "C.'

THE REQUEST FOR DECISION IS BY AN OFFICIAL SUBORDINATE TO YOU AND IN THAT CONNECTION YOUR ATTENTION IS DIRECTED TO CIRCULAR LETTER OF OUR OFFICE DATED DECEMBER 13, 1946, 26 COMP. GEN. 993. HOWEVER, IN THIS PARTICULAR INSTANCE, THE MATTER WILL BE TREATED AS A SUBMISSION BY YOU.

THE LETTER STATES THAT THE HONORABLE J. L. MCCARREY, JR., UNITED STATES DISTRICT JUDGE AT ANCHORAGE, DESIRES TO MAKE ALTERATIONS OF THE NORTH AND NORTHWEST WINGS OF THE POST OFFICE AND COURTHOUSE BUILDING. ALTERATIONS FOR THE NORTH WING ARE ESTIMATED TO COST $40,000 AND THE ALTERATIONS TO THE NORTHWEST WING ARE ESTIMATED TO COST $23,000. IT FURTHER STATES THAT THE JUDGE WISHES TO PAY FOR THE ALTERATIONS FROM FUND "C" AND IS WILLING TO AUTHORIZE THESE PAYMENTS AS HE IS OF THE OPINION THAT THE NECESSARY RENOVATION OF EXISTING FACILITIES IS WITHIN THE TERM ,INCIDENTAL EXPENSES" CONTAINED IN 48 U.S.C. 106.

WE HAVE HELD THAT THE DIRECTION OR ORDER OF THE JUDGE FOR PAYMENT OF AN INCIDENTAL EXPENSE OF THE COURT FROM FUND "C" IS CONCLUSIVE UPON THE ACCOUNTING OFFICERS IF THE EXPENSE SO DIRECTED TO BE PAID IS IN FACT AN INCIDENTAL EXPENSE. 5 COMP. DEC. 328. THE ENCLOSURES TRANSMITTED WITH THE LETTER INDICATE THAT THE NECESSITY OF THE PROPOSED ALTERATIONS TO THE NORTH AND NORTHWEST WINGS OF THE FEDERAL BUILDING ARISES BECAUSE OF THE PURPOSES FOR WHICH THOSE PORTIONS OF THE BUILDING ARE TO BE USED. IN SUCH CIRCUMSTANCES, THE EXPENSE THEREOF REASONABLY MAY BE CONSIDERED AS INCIDENTAL EXPENSES OF THE COURT FOR WHICH FUND "C" IS AVAILABLE. SEE 31 COMP. GEN. 364; 4 ID. 476.

ACCORDINGLY, AND INASMUCH AS THE MONETARY LIMITATION SET FORTH IN 48 U.S.C. 40, APPLICABLE TO THE CONSTRUCTION OF A SUITABLE BUILDING TO BE USED FOR HOLDING SESSIONS OF THE COURT, WOULD NOT APPEAR TO APPLY TO ALTERATIONS TO THE FEDERAL BUILDING HERE INVOLVED, WE WILL INTERPOSE NO OBJECTION TO THE PROPOSED EXPENDITURE.