B-155495, NOV. 27, 1964

B-155495: Nov 27, 1964

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IS DUE $2. WE HAVE CONSIDERED THIS MATTER. FIND THAT THE STATUTES GOVERNING PROCUREMENT BY GOVERNMENT AGENCIES AND ESTABLISHMENTS GENERALLY ARE NOT APPLICABLE TO THE HOME. ARE NOT SUBJECT TO AUDIT OR EXCEPTION BY OUR OFFICE. IT FOLLOWS THAT EVEN IF WE WERE TO CONSIDER THE MERITS OF YOUR CLAIM. TO HOLD THAT YOU WERE ENTITLED TO BE PAID FOR EXTRA WORK ORDERED UNDER THE SUBJECT CONTRACT. WE WOULD HAVE NO AUTHORITY TO REQUIRE THE HOME TO MAKE SUCH PAYMENT.

B-155495, NOV. 27, 1964

TO MR. MAURICE FRIEDMAN:

IN YOUR LETTER OF OCTOBER 19, 1964, YOU CLAIMED THAT YOUR CLIENT, BLATT'S ELECTRIC, IS DUE $2,273.74 FOR EXTRA WORK ORDERED UNDER CONTRACT NO. 1687 WITH THE UNITED STATES SOLDIERS' HOME. WE HAVE CONSIDERED THIS MATTER, AND FIND THAT THE STATUTES GOVERNING PROCUREMENT BY GOVERNMENT AGENCIES AND ESTABLISHMENTS GENERALLY ARE NOT APPLICABLE TO THE HOME, AND THAT ITS EXPENDITURES, NOT BEING MADE FROM FUNDS APPROPRIATED FROM THE GENERAL TREASURY, ARE NOT SUBJECT TO AUDIT OR EXCEPTION BY OUR OFFICE. SEE B- 155766, NOVEMBER 26, 1954; B 136363, JULY 21, 1958, CITING THE WAR DEPARTMENT CIVIL APPROPRIATION ACT, 1938, APPROVED JULY 19, 1937, 50 STAT. 519, 24 U.S.C. 46B; PAGE 10 OF HOUSE REPORT 1015, 75TH CONGRESS,1ST SESSION; AND PAGES 123-131 OF THE HOUSE HEARINGS ON THE BILL WHICH BECAME THAT LAW.

IT FOLLOWS THAT EVEN IF WE WERE TO CONSIDER THE MERITS OF YOUR CLAIM, AND TO HOLD THAT YOU WERE ENTITLED TO BE PAID FOR EXTRA WORK ORDERED UNDER THE SUBJECT CONTRACT, WE WOULD HAVE NO AUTHORITY TO REQUIRE THE HOME TO MAKE SUCH PAYMENT.

IN VIEW OF THE FOREGOING, NO FURTHER ACTION ON YOUR CLAIM BY THIS OFFICE APPEARS TO BE WARRANTED.