B-15717, APRIL 1, 1941, 20 COMP. GEN. 591

B-15717: Apr 1, 1941

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1941: I HAVE YOUR LETTER OF MARCH 21. TAYLOR MODEL BASIN WHICH IS LOCATED AT CARDEROCK. THE FIRE-FIGHTING APPARATUS AT THE MODEL BASIN IS SUFFICIENT ONLY FOR LIMITED PURPOSES. THE PROPOSED CONTRACT WILL REQUIRE THE SERVICES AND EQUIPMENT OF THE CABIN JOHN ( MARYLAND) VOLUNTEER FIRE DEPARTMENT IN CASE OF EMERGENCY IN RESPONSE TO FIRE ALARMS FROM THE MODEL BASIN AT ANY HOUR. WILL PROVIDE FOR PAYMENT FOR EACH EMERGENCY RESPONSE OF $50. WHICH IS CONSIDERED A REASONABLE AND PROPER AMOUNT FOR SUCH SERVICES AND EQUIPMENT. THIS APPROPRIATION WAS ABSORBED BY THE CURRENT APPROPRIATION " MAINTENANCE. YOUR DECISION IS REQUESTED AS TO WHETHER THE APPROPRIATION " MAINTENANCE. BUREAU OF SHIPS" IS AVAILABLE FOR PAYMENT FOR THE SERVICES AND EQUIPMENT OF THE CABIN JOHN ( MARYLAND) VOLUNTEER FIRE DEPARTMENT.

B-15717, APRIL 1, 1941, 20 COMP. GEN. 591

APPROPRIATIONS - AVAILABILITY - FIRE-FIGHTING SERVICES THE CURRENT APPROPRIATION " MAINTENANCE, BUREAU OF SHIPS," BEING SPECIFICALLY AVAILABLE FOR CARRYING ON THE WORK OF AN EXPERIMENTAL MODEL BASIN AND WIND TUNNEL, MAY BE CONSIDERED AVAILABLE FOR FIRE PROTECTION FOR THE BASIN AND TUNNEL AS A NECESSARY INCIDENT TO THE PURPOSES OF THE APPROPRIATION AND MAY BE USED TO MAKE PAYMENTS UNDER A CONTRACT WITH A LOCAL VOLUNTEER FIRE DEPARTMENT WHICH PROVIDES FOR A FIXED CHARGE FOR EACH EMERGENCY RESPONSE.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF THE NAVY, APRIL 1, 1941:

I HAVE YOUR LETTER OF MARCH 21, 1941, AS FOLLOWS:

THE NAVY DEPARTMENT PROPOSES TO ENTER INTO A CONTRACT WITH THE CABIN JOHN ( MARYLAND) VOLUNTEER FIRE DEPARTMENT FOR EMERGENCY SERVICES AT THE DAVID W. TAYLOR MODEL BASIN WHICH IS LOCATED AT CARDEROCK, MD., ABOUT TWO MILES FROM THE NEAREST SETTLEMENT.

THE FIRE-FIGHTING APPARATUS AT THE MODEL BASIN IS SUFFICIENT ONLY FOR LIMITED PURPOSES. THE PROPOSED CONTRACT WILL REQUIRE THE SERVICES AND EQUIPMENT OF THE CABIN JOHN ( MARYLAND) VOLUNTEER FIRE DEPARTMENT IN CASE OF EMERGENCY IN RESPONSE TO FIRE ALARMS FROM THE MODEL BASIN AT ANY HOUR, DAY OR NIGHT, WITHIN THE CONTRACTUAL PERIOD, AND WILL PROVIDE FOR PAYMENT FOR EACH EMERGENCY RESPONSE OF $50, WHICH IS CONSIDERED A REASONABLE AND PROPER AMOUNT FOR SUCH SERVICES AND EQUIPMENT.

THE CURRENT NAVAL APPROPRIATION ACT APPROVED JUNE 11, 1940 ( PUB. NO. 588 --- 76TH CONG.), UNDER THE APPROPRIATION " CONSTRUCTION AND REPAIR," PROVIDES FOR "CARRYING ON WORK OF THE EXPERIMENTAL MODEL BASIN AND WIND TUNNEL.' THIS APPROPRIATION WAS ABSORBED BY THE CURRENT APPROPRIATION " MAINTENANCE, BUREAU OF SHIPS," PURSUANT TO SECTION 1 (H) OF THE ACT APPROVED JUNE 20, 1940 ( PUB. NO. 644--- 76TH CONG.).

YOUR DECISION IS REQUESTED AS TO WHETHER THE APPROPRIATION " MAINTENANCE, BUREAU OF SHIPS" IS AVAILABLE FOR PAYMENT FOR THE SERVICES AND EQUIPMENT OF THE CABIN JOHN ( MARYLAND) VOLUNTEER FIRE DEPARTMENT, UNDER CONTRACT HEREIN STATED.

AS IT APPEARS FROM YOUR SUBMISSION THAT NO PAYMENTS ARE CONTEMPLATED UNDER THE PROPOSED CONTRACT EXCEPT WHEN SERVICES ARE ACTUALLY RENDERED, AND IT HAS BEEN ADMINISTRATIVELY DETERMINED THAT THE FIRE-FIGHTING EQUIPMENT LOCATED AT THE MODEL BASIN IS NOT ADEQUATE FOR THE PROTECTION DESIRED, I HAVE TO ADVISE THAT THE APPROPRIATION FOR MAINTENANCE, BUREAU OF SHIPS (FORMERLY CONSTRUCTION AND REPAIR), BEING SPECIFICALLY AVAILABLE FOR "CARRYING ON THE WORK OF THE EXPERIMENTAL MODEL BASIN AND WIND TUNNEL" MAY BE CONSIDERED AVAILABLE FOR THE COST OF THE DESIRED FIRE PROTECTION AS A NECESSARY INCIDENT TO THE WORK FOR WHICH THE APPROPRIATION WAS MADE. COMPARE 3 COMP. GEN. 979.