B-15919, APRIL 10, 1941, 20 COMP. GEN. 617

B-15919: Apr 10, 1941

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REPAIRS AND IMPROVEMENTS - PRIVATE PROPERTY - LOANED EQUIPMENT WHERE EQUIPMENT IS LOANED TO THE GOVERNMENT FOR USE IN CONNECTION WITH A PARTICULAR GOVERNMENT WORK. THE APPROPRIATION FOR THAT WORK IS AVAILABLE FOR REPAIRS TO SUCH EQUIPMENT TO THE EXTENT NECESSARY FOR THE CONTINUED USE OF THE EQUIPMENT ON THAT WORK. SUCH APPROPRIATION IS NOT AVAILABLE FOR REPAIRS TO RETURN THE EQUIPMENT IN GOOD CONDITION AFTER THE USE HAS TERMINATED. 1941: I HAVE YOUR LETTER OF MARCH 31. VARIOUS ITEMS OF EQUIPMENT HAVE BEEN LOANED TO THE SELECTIVE SERVICE SYSTEM WITHOUT ANY CHARGE THEREFOR BY THE OWNERS. CONTINUED USE OF BORROWED EQUIPMENT HAS BEEN DISCOURAGED AND IN SEVERAL INSTANCES NATIONAL HEADQUARTERS HAS SPECIFICALLY URGED THAT ITEMS WHICH HAVE BEEN BORROWED BE RETURNED.

B-15919, APRIL 10, 1941, 20 COMP. GEN. 617

REPAIRS AND IMPROVEMENTS - PRIVATE PROPERTY - LOANED EQUIPMENT WHERE EQUIPMENT IS LOANED TO THE GOVERNMENT FOR USE IN CONNECTION WITH A PARTICULAR GOVERNMENT WORK, THE APPROPRIATION FOR THAT WORK IS AVAILABLE FOR REPAIRS TO SUCH EQUIPMENT TO THE EXTENT NECESSARY FOR THE CONTINUED USE OF THE EQUIPMENT ON THAT WORK, BUT SUCH APPROPRIATION IS NOT AVAILABLE FOR REPAIRS TO RETURN THE EQUIPMENT IN GOOD CONDITION AFTER THE USE HAS TERMINATED.

COMPTROLLER GENERAL WARREN TO THE DIRECTOR, SELECTIVE SERVICE SYSTEM, APRIL 10, 1941:

I HAVE YOUR LETTER OF MARCH 31, 1941, AS FOLLOWS:

IN ACCORDANCE WITH AUTHORITY CONTAINED IN SUBSECTION 5 OF SECTION 10 (A) OF THE SELECTIVE TRAINING AND SERVICE ACT OF 1940, AND PARAGRAPH 523F OF THE SELECTIVE SERVICE REGULATIONS PROMULGATED THEREUNDER, VARIOUS ITEMS OF EQUIPMENT HAVE BEEN LOANED TO THE SELECTIVE SERVICE SYSTEM WITHOUT ANY CHARGE THEREFOR BY THE OWNERS. CONTINUED USE OF BORROWED EQUIPMENT HAS BEEN DISCOURAGED AND IN SEVERAL INSTANCES NATIONAL HEADQUARTERS HAS SPECIFICALLY URGED THAT ITEMS WHICH HAVE BEEN BORROWED BE RETURNED.

THE PROBLEM PRESENTED CONCERNS ITEMS OF EQUIPMENT WHICH HAVE BEEN BORROWED AND DAMAGED, NECESSITATING REPAIRS, OR WHICH HAVE RECEIVED ORDINARY REPAIRS NECESSARY TO KEEP SUCH EQUIPMENT IN WORKABLE OR USABLE CONDITION, OR WHICH HAVE BEEN REPAIRED TO USE IN THE FIRST INSTANCE.

THE FOLLOWING ARE EXAMPLES:

1. THE INDIANA STATE HEADQUARTERS REQUESTS INSTRUCTIONS AS TO WHETHER PAYMENT IS AUTHORIZED OF AN INVOICE COVERING THE CLEANING, OILING, AND ADJUSTING OF TWO TYPEWRITERS AT A COST OF $7.50 EACH, WHICH WERE DAMAGED BY WATER AS A RESULT OF FIRE IN THE BUILDING HOUSING THE LAKE COUNTY LOCAL BOARD NO. 6, EAST CHICAGO, INDIANA.

2. THE OKLAHOMA STATE HEADQUARTERS SUBMITTED AN INVOICE COVERING REPAIRS TO A TYPEWRITER USED BY LOCAL BOARD NO. 2, PITTSBURG COUNTY. IT IS STATED THAT THIS IS A BORROWED MACHINE WHICH HAS BEEN USED BY THE LOCAL BOARD SINCE ITS INAUGURATION AND WHICH THEY CAN PROBABLY CONTINUE TO USE SO LONG AS THERE IS NEED OF IT.

3. THE TEXAS STATE HEADQUARTERS HAS SUBMITTED A COPY OF AN INVOICE COVERING REPAIRS TO A BORROWED FILING CABINET AND TABLE USED BY THE HILL COUNTY LOCAL BOARD, HILLSBORO, TEXAS.

IN VIEW OF THE DOUBT AS TO WHETHER ANY OR ALL OF THE TYPE OF CHARGES SHOWN ABOVE ARE AUTHORIZED FOR PAYMENT FROM FUNDS APPROPRIATED FOR THE SELECTIVE SERVICE SYSTEM, YOUR DECISION IN THE MATTER IS REQUESTED.

IT IS THE ESTABLISHED RULE THAT WHERE EQUIPMENT IS LOANED FOR USE IN CONNECTION WITH A PARTICULAR GOVERNMENT WORK THE APPROPRIATION FOR THAT WORK IS AVAILABLE FOR REPAIRS TO SUCH EQUIPMENT TO THE EXTENT THAT SUCH REPAIRS ARE NECESSARY FOR THE CONTINUED USE OF THE EQUIPMENT ON THAT WORK BUT THAT SUCH APPROPRIATION IS NOT AVAILABLE FOR REPAIRS AFTER THE USE HAS TERMINATED AND FOR THE PURPOSE OF RETURNING THE EQUIPMENT IN GOOD CONDITION. 3 COMP. DEC. 196; 13 ID. 279; 17 ID. 353; 5 COMP. GEN. 162; A- 64684, OCTOBER 3, 1935.

ON THE ASSUMPTION THAT THE REPAIRS IN THE THREE CASES CITED BY YOU WERE NECESSARY FOR THE CONTINUED USE OF THE EQUIPMENT FOR THE PURPOSES OF THE SELECTIVE SERVICE SYSTEM, THE FUNDS APPROPRIATED FOR THE OPERATION AND MAINTENANCE OF THAT SYSTEM, ACT OF OCTOBER 8, 1940, 54 STAT. 970, WILL BE CONSIDERED AVAILABLE FOR SUCH REPAIRS.