B-140744, OCT. 1, 1959

B-140744, OCT. 1, 1959

TO MR. HAROLD R. FATZINGER, AUTHORIZED CERTIFYING OFFICER, NATIONAL SCIENCE FOUNDATION:

YOUR LETTER OF SEPTEMBER 10, 1959, REQUESTS OUR DECISION AS TO THE PROPRIETY OF CERTIFYING FOR PAYMENT AN ITEM IN THE AMOUNT OF $30 FOR "STORAGE" FOR THE PERIOD AUGUST 18 TO SEPTEMBER 18, 1959, INCLUDED ON THE ENCLOSED INVOICE SUBMITTED BY SMITH'S TRANSFER AND STORAGE COMPANY.

ALTHOUGH THE INVOICE SHOWS THAT THE AMOUNT INVOLVED IS FOR "STORAGE," YOU SAY THAT IT IS FOR RENTAL OF SPACE BY THE NATIONAL SCIENCE FOUNDATION FROM SMITH'S TRANSFER AND STORAGE COMPANY. ALSO, YOU SAY THAT THE RENTED SPACE IS IN A BUILDING LOCATED IN BLADENSBURG, MARYLAND, AND IS USED BY THE FOUNDATION TO STORE SCIENTIFIC EDUCATIONAL EXHIBITS.

YOUR QUESTION REGARDING THE PROPRIETY OF PAYMENT OF THE AMOUNT INVOLVED HAS ARISEN BECAUSE OF DECISIONS OF THE COMPTROLLER GENERAL REPORTED AT 34 COMP. GEN. 593 AND 23 ID. 859. THOSE DECISIONS CONCERN THE APPLICATION OF THE PROVISIONS OF THE ACT OF MARCH 3, 1877, 19 STAT. 370 (40 U.S.C. 34) PROHIBITING THE EXECUTION OF ANY CONTRACT "FOR THE RENT OF ANY BUILDING, OR PART OF ANY BUILDING, TO BE USED FOR THE PURPOSES OF THE GOVERNMENT IN THE DISTRICT OF COLUMBIA, UNTIL AN APPROPRIATION THEREFOR SHALL HAVE BEEN MADE IN TERMS BY THE CONGRESS.'

HOWEVER, SINCE THE SPACE THE FOUNDATION HAS RENTED FROM SMITH'S TRANSFER AND STORAGE COMPANY IS LOCATED IN BLADENSBURG, MARYLAND, AND NOT IN THE DISTRICT OF COLUMBIA, THE AFOREMENTIONED PROVISIONS OF THE ACT OF MARCH 3, 1877, ARE NOT APPLICABLE IN THIS CASE.

SECTION 11 OF THE NATIONAL SCIENCE FOUNDATION ACT OF 1950, 42 U.S.C. 1870, PROVIDES, IN PERTINENT PART, AS FOLLOWS (QUOTING FROM UNITED STATES CODE):

"THE FOUNDATION SHALL HAVE AUTHORITY, WITHIN THE LIMITS OF AVAILABLE APPROPRIATIONS, TO DO ALL THINGS NECESSARY TO CARRY OUT THE PROVISIONS OF THIS CHAPTER, INCLUDING, BUT WITHOUT BEING LIMITED THERETO, THE AUTHORITY-

"/B) TO MAKE SUCH EXPENDITURES AS MAY BE NECESSARY FOR ADMINISTERING THE PROVISIONS OF THIS CHAPTER;

"/E) TO ACQUIRE BY PURCHASE, LEASE, LOAN, OR GIFT, AND TO HOLDAND DISPOSE OF BY SALE, LEASE, OR LOAN, REAL AND PERSONAL PROPERTY OF ALL KINDS NECESSARY FOR, OR RESULTING FROM THE EXERCISE OF AUTHORITY GRANTED BY THIS CHAPTER; "

THEREFORE, SINCE THE PROVISIONS OF THE ACT OF MARCH 3, 1877, ARE NOT APPLICABLE TO THE RENTAL OF SPACE OUTSIDE THE DISTRICT OF COLUMBIA, AND IN VIEW OF THE ABOVE-QUOTED STATUTORY AUTHORITY, THE $30 ITEM DESIGNATED AS "STORAGE" ON THE ATTACHED INVOICE, WHICH IS RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT, IF OTHERWISE CORRECT, FROM YOUR SALARIES AND EXPENSES APPROPRIATION.

IN YOUR LETTER OF SEPTEMBER 10, 1959, YOU REQUEST OUR DECISION UPON SEVERAL ADDITIONAL QUESTIONS CONCERNING THE RENTAL OF SPACE WHICH ARE NOT INVOLVED IN THE ACCOMPANYING INVOICE AND DO NOT ARISE IN CONNECTION WITH A VOUCHER SUBMITTED TO YOU FOR PAYMENT. OUR OFFICE IS WITHOUT JURISDICTION TO RENDER A DECISION TO YOU AS AN AUTHORIZED CERTIFYING OFFICER UPON GENERAL QUESTIONS NOT INVOLVED IN A VOUCHER ACCOMPANYING YOUR REQUEST FOR DECISION. SEE 26 COMP. GEN. ..END :