B-3867, JUNE 2, 1939, 18 COMP. GEN. 900

B-3867: Jun 2, 1939

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IF IT BE ADMINISTRATIVELY DETERMINED THAT THE RELOCATED REPLACEMENT IS REQUIRED IN THE PUBLIC INTEREST AND THE EXTENSION OF THE FACILITIES IS NECESSARY AS AN INCIDENT TO SUCH RELOCATION. IS AVAILABLE FOR RELOCATION OF A RESIDENTIAL BUILDING ON THE APPROVED PUBLIC-BUILDING PROJECT CONSISTING OF . IS AS FOLLOWS: UNDER THE APPROPRIATION FOR EMERGENCY CONSTRUCTION OF PUBLIC BUILDINGS OUTSIDE THE DISTRICT OF COLUMBIA. 000 WAS ALLOTTED THEREFOR. THIS SELECTION WAS MADE FROM THE THIRD REVISION DATED MAY 17. UNDER WHICH THE LIMIT OF COST WAS SET AT $600. THE CURTIS BAY DEPOT IS A LARGE PLANT USED FOR BUILDING. IT WAS ESTABLISHED IN 1892 AND HAS BEEN EXPANDED FROM TIME TO TIME. IT WAS THE PURPOSE OF THE ABOVE-MENTIONED ALLOTMENT OF $350.

B-3867, JUNE 2, 1939, 18 COMP. GEN. 900

PUBLIC BUILDINGS - "REPLACEMENTS" INTERPRETATION - THIRD DEFICIENCY APPROPRIATION ACT, 1937 THE BROAD GENERAL AUTHORITY IN THE HOUSE REPORT REFERRED TO IN THE THIRD DEFICIENCY APPROPRIATION ACT, 1937, 50 STAT. 773, FOR A PUBLIC BUILDING PROJECT CONSISTING OF "REPLACEMENTS, ETC., " REASONABLY COMPREHENDS NEEDED REPLACEMENT OF ANY BUILDING ON THE PROJECT SITE, INCLUDING REASONABLY NECESSARY APPROACHES AND INCIDENTAL CONNECTING UTILITIES, AND THE REPLACEMENT OR REPLACEMENTS NEED NOT NECESSARILY BE LOCATED ON THE EXACT SITE OF THE BUILDING REPLACED, IF IT BE ADMINISTRATIVELY DETERMINED THAT THE RELOCATED REPLACEMENT IS REQUIRED IN THE PUBLIC INTEREST AND THE EXTENSION OF THE FACILITIES IS NECESSARY AS AN INCIDENT TO SUCH RELOCATION. THE APPROPRIATION FOR EMERGENCY CONSTRUCTION OF PUBLIC BUILDINGS OUTSIDE THE DISTRICT OF COLUMBIA, CONTAINED IN THE THIRD DEFICIENCY APPROPRIATION ACT, 1937, 50 STAT. 773, IS AVAILABLE FOR RELOCATION OF A RESIDENTIAL BUILDING ON THE APPROVED PUBLIC-BUILDING PROJECT CONSISTING OF ,REPLACEMENTS, ETC.' AT THE COAST GUARD DEPOT, CURTIS BAY, BALTIMORE, MD., AND THE NECESSARY INCIDENTAL EXPENSES OF RELOCATION OF APPROACHES, ETC., THERETO, AND THERE APPEARS NO LEGAL OBJECTION TO THE USE OF LABOR PAID FROM RELIEF FUND ALLOTMENTS IN CONNECTION WITH THE SAID RELOCATION.

COMPTROLLER GENERAL BROWN TO THE SECRETARY OF THE TREASURY, JUNE 2, 1939:

YOUR LETTER OF MAY 16, 1939, IS AS FOLLOWS:

UNDER THE APPROPRIATION FOR EMERGENCY CONSTRUCTION OF PUBLIC BUILDINGS OUTSIDE THE DISTRICT OF COLUMBIA, CONTAINED IN THE THIRD DEFICIENCY APPROPRIATION ACT, FISCAL YEAR 1937, C. 757, 50 STAT. 773, THE SECRETARY OF THE TREASURY AND THE POSTMASTER GENERAL SELECTED A PUBLIC-BUILDING PROJECT CONSISTING OF "REPLACEMENTS, ETC.' AT THE COAST GUARD DEPOT, CURTIS BAY, BALTIMORE, MARYLAND, AND THE SUM OF $350,000 WAS ALLOTTED THEREFOR. THIS SELECTION WAS MADE FROM THE THIRD REVISION DATED MAY 17, 1937, OF H.REPT.NO. 1879, 73D CONGRESS, 2D SESSION, REFERRED TO IN THE APPROPRIATION, UNDER WHICH THE LIMIT OF COST WAS SET AT $600,000.

THE CURTIS BAY DEPOT IS A LARGE PLANT USED FOR BUILDING, REPAIRING, AND RECONDITIONING COAST GUARD VESSELS. IT WAS ESTABLISHED IN 1892 AND HAS BEEN EXPANDED FROM TIME TO TIME, ESPECIALLY UNDER RECENT P.W.A. AND W.P.A. ALLOTMENTS, SO THAT IT NOW HAS A NUMBER OF UP-TO-DATE SHOP BUILDINGS AND RELATED FACILITIES, WHILE AT THE SAME TIME THERE REMAIN SEVERAL ANTIQUATED FROM BUILDINGS FOR SHOP AND STORAGE PURPOSES AND FOR OFFICERS' QUARTERS. IT WAS THE PURPOSE OF THE ABOVE-MENTIONED ALLOTMENT OF $350,000 TO PROVIDE, TO THE EXTENT POSSIBLE WITHIN THE AMOUNT AVAILABLE, FOR THE REPLACEMENT OF STRUCTURES OF THIS TYPE WHICH HAVE OUTLIVED THEIR USEFULNESS.

THUS FAR THE PROCUREMENT DIVISION OF THIS DEPARTMENT HAS AWARDED A CONTRACT FOR CONSTRUCTION OF A STOREHOUSE AND A WOODWORKING SHOP (NO. T1PB -5226, DATED FEBRUARY 24, 1939, WITH GOLDER CONSTRUCTION COMPANY, INC., IN AMOUNT $208,800), A CONTRACT FOR INSTALLATION OF AN ELECTRIC FREIGHT ELEVATOR IN THE FORMER BUILDING (NO. T1PB-5237, DATED FEBRUARY 25, 1939, WITH WARSAW ELEVATOR CO., IN AMOUNT $15,654), AND AN EARLIER CONTRACT FOR TIMBER PILE FOUNDATIONS FOR THE LATTER BUILDING (NO. T1PB-5071, DATED JANUARY 18, 1939, WITH SMITH BROS., IN AMOUNT $6,700). THESE TWO BUILDINGS WILL REPLACE OBSOLETE STRUCTURES DEVOTED TO THE SAME PURPOSES. APPROXIMATELY $64,000, OVER AND ABOVE INCIDENTAL EXPENSES AND RESERVATIONS FOR ADDITIONAL ITEMS AND CONTINGENCIES IN CONNECTION WITH PAST AND CURRENT CONTRACTS, REMAINS AVAILABLE FOR FURTHER WORK.

WITH THIS REMAINING AMOUNT IT IS PROPOSED TO CONSTRUCT A RESIDENCE FOR THE QUARTERS OF THE COMMANDANT, TO REPLACE AN EXISTING FRAME HOUSE NOW USED FOR THE SAME PURPOSE, A DILAPIDATED FRAME STRUCTURE SITUATED IN THE MIDST OF AN AREA WHERE SEVERAL SHOP BUILDINGS HAVE RECENTLY BEEN BUILT OR ARE UNDER CONSTRUCTION. SEE IN THIS CONNECTION THE ENCLOSED BLUEPRINT DATED JULY 22, 1938, ENTITLED "PROPOSED PLAN--- COAST GUARD DEPOT--- CURTIS BAY, MD.' THE LOCATION IS NO LONGER SUITABLE FOR RESIDENTIAL PURPOSES, AND THE LAND IS NEEDED FOR A CONTEMPLATED EXTENSION OF AN ADJOINING SHEET-METAL SHOP RECENTLY CONSTRUCTED UNDER A P.W.A. ALLOTMENT. ALTHOUGH A NEW RESIDENCE IS BADLY NEEDED, IT WOULD BE UNWISE AND UNECONOMICAL TO BUILD IT IN THE SAME AREA, AND A NEW LOCATION WILL BE NECESSARY IF THIS PART OF THE PROJECT IS TO BE UNDERTAKEN.

SOUTH OF THE SHOP-BUILDING AREA, ACROSS A BODY OF WATER KNOWN ASARUNDEL COVE, IS A PORTION OF THE DEPOT SITE WHICH AS YET IS UNDEVELOPED EXCEPT FOR GRADING AND LANDSCAPING WORK RECENTLY PERFORMED OR NOW IN PROGRESS AS A PART OF A W.P.A. PROJECT (O.P. 712-2-8), SPONSORED BY THE COAST GUARD. THIS PORTION OF THE SITE IS THE ONLY ONE THAT IS SUITABLE FOR DEVELOPMENT AS A RESIDENTIAL AREA, AND THE RECENT GRADING AND LANDSCAPING HAS BEEN PREPARATORY TO SUCH DEVELOPMENT. ULTIMATELY IT IS HOPED THAT FUNDS WILL BE MADE AVAILABLE FOR THE CONSTRUCTION OF ALL OF THE NECESSARY OFFICERS' QUARTERS IN THIS AREA, TO REPLACE THE EXISTING COMMANDANT'S QUARTERS AND OTHER RESIDENCES NOW SITUATED IN THE SHOP-BUILDING AREA. A BLUEPRINT SHOWING THE PROPOSED DEVELOPMENT, ENTITLED "SCHEME 1-U.S. COAST GUARD DEPOT--- CURTIS BAY, MD.--- EAST AREA," IS ENCLOSED.

THE CONSTRUCTION OF THE COMMANDANT'S QUARTERS, WITH INCIDENTAL UTILITY LINES RUNNING FROM THE SHOP-BUILDING AREA, OF A ROAD AND BRIDGE TO CONNECT THE QUARTERS THEREWITH, AND OF RELATED FACILITIES OF A MINOR NATURE, ARE THE ONLY PORTIONS OF THE PROPOSED DEVELOPMENT FOR WHICH THERE ARE SUFFICIENT FUNDS. THIS PORTION OF THE WORK IS SHOWN IN YELLOW CRAYON ON THE LAST-MENTIONED BLUEPRINT. THE QUESTIONS PRESENTED HERE ARE (1) WHETHER THE APPROPRIATION IS AVAILABLE FOR THIS PORTION OF THE WORK; AND (2) IF THE APPROPRIATION IS OTHERWISE AVAILABLE, WHETHER IT IS AVAILABLE FOR THE PURCHASE BY THE PROCUREMENT DIVISION OF MATERIALS FOR THE ROAD AN UTILITY CONSTRUCTION, THE LABOR FOR THESE PORTIONS OF THE WORK TO BE FURNISHED UNDER THE ABOVE MENTIONED W.P.A. PROJECT AND UNDER SUPPLEMENTAL W.P.A. PROJECTS FOR WHICH APPLICATIONS HAVE BEEN MADE BY THE COAST GUARD UNDER DATE OF APRIL 6, 1939. COPIES OF THE PERTINENT PROJECT PROPOSALS ARE ENCLOSED FOR YOUR INFORMATION IN CONNECTION WITH THE LATTER QUESTION, WHICH OF COURSE ASSUMES THAT THE PROPOSALS WILL BE APPROVED, AS ANTICIPATED, IF YOUR ANSWER TO BOTH QUESTIONS IS IN THE AFFIRMATIVE.

SINCE THE PROPOSED COMMANDANT'S QUARTERS WOULD BE A REPLACEMENT OF THE EXISTING QUARTERS AND WOULD ALSO BE WITHIN THE DEPOT SITE, IT IS THE OPINION OF THE DEPARTMENT THAT ITS CONSTRUCTION IS AUTHORIZED BY THE APPROPRIATION. IF SUCH IS THE CASE, UNDER WELL-SETTLED PRINCIPLES THE NECESSARY APPROACHES, UTILITY LINES, AND OTHER FACILITIES WOULD SEEM AUTHORIZED ALSO, AS INCIDENTS OF ITS CONSTRUCTION. ALTHOUGH, AS HEREINAFTER INDICATED, THE COST OF THE ROAD, BRIDGE, UTILITIES, AND OTHER FACILITIES WOULD BE DISPROPORTIONATE TO THE COST OF THE COMMANDANT'S QUARTERS ALONE AND COULD NOT BE JUSTIFIED ADMINISTRATIVELY IF FURTHER CONSTRUCTION IN THE AREA WERE NOT CONTEMPLATED, IT IS BELIEVED THAT THESE CONSIDERATIONS SHOULD NOT AFFECT THE AVAILABILITY OF THE APPROPRIATION SINCE THESE PARTS OF THE WORK ARE IN FACT NECESSARY INCIDENTS OF THE CONSTRUCTION OF ANY RESIDENCE IN THE NEW AREA.

IT IS PROPOSED THAT THE COMMANDANT'S QUARTERS, THE TELEPHONE LINES, AND THE BRIDGE BE CONSTRUCTED UNDER CONTRACTS AWARDED BY THE PROCUREMENT DIVISION AT ESTIMATED COSTS OF $14,500.00, $3,500.00, AND $5,000.00, RESPECTIVELY. THE ESTIMATED COST OF MATERIALS FOR THE NECESSARY UTILITIES, THE ROAD, AND OTHER INCIDENTALS AMOUNTS TO $20,980.00, AND THE LABOR COST FOR THEIR INSTALLATION IS ESTIMATED AT $16,720.00. IF IT WILL BE POSSIBLE FOR THE PROCUREMENT DIVISION TO PURCHASE THE MATERIALS AND FOR THE COAST GUARD TO PROVIDE FOR THEIR INSTALLATION UNDER THE EXISTING AND ANTICIPATED W.P.A. PROJECTS ABOVE DESCRIBED, THE GOVERNMENT WILL DERIVE LASTING BENEFITS FROM THE RELIEF LABOR DEVOTED TO THE PROJECT, SO THAT THIS METHOD OF CONSTRUCTION WOULD BE MORE ADVANTAGEOUS TO THE GOVERNMENT THAN THE CONTRACT METHOD. IF IT IS NOT AVAILABLE, IT IS DOUBTED WHETHER THE ALLOTMENT UNDER THE PUBLIC BUILDING APPROPRIATION WILL BE SUFFICIENT TO PERMIT ALL OF THE WORK TO BE DONE, WHEN COSTS OF PLANS AND SPECIFICATIONS, SUPERVISION, ETC., ARE ADDED TO THE FOREGOING ITEMS.

IT WILL BE APPRECIATED IF YOU WILL REVIEW THE MATTER AND WILL ADVISE THE DEPARTMENT AT AN EARLY DATE WHETHER THE APPROPRIATION IS AVAILABLE FOR THE PROPOSED WORK AND WHETHER YOUR OFFICE HAS ANY OBJECTION TO THE PROPOSED METHOD OF CONSTRUCTION THROUGH THE PARTIAL USE OF W.P.A. LABOR. SINCE ANY W.P.A. ALLOTMENTS UNDER PRESENT LEGISLATION REMAIN AVAILABLE FOR EXPENDITURE ONLY UNTIL JUNE 30, 1939, YOU WILL APPRECIATE THE NEED FOR A RESPONSE AT THE EARLIEST POSSIBLE DATE.

IN CONCLUSION, IT MAY BE MENTIONED THAT APPLICATION HAS BEEN MADE TO THE WAR DEPARTMENT UNDER SECTION 9 OF THE ACT OF MARCH 3, 1899, C. 425, 30 STAT. 1151, U.S.C., TITLE 33, SEC. 401, FOR PERMISSION TO CONSTRUCT THE NECESSARY BRIDGE OVER ARUNDEL COVE, AND IT IS ANTICIPATED THAT A BILL TO PERMIT SUCH CONSTRUCTION WILL BE SUBMITTED TO THE CONGRESS IN THE NEAR FUTURE.

KINDLY RETURN THE ENCLOSURES ABOVE MENTIONED WITH YOUR REPLY.

THE THIRD DEFICIENCY APPROPRIATION ACT, 1937, 50 STAT. 773, APPROPRIATED FUNDS FOR "EMERGENCY CONSTRUCTION OF PUBLIC-BUILDING PROJECTS OUTSIDE OF THE DISTRICT OF COLUMBIA * * * SUCH PROJECTS, INCLUDING THE SITES THEREFOR, TO BE SELECTED BY THE SECRETARY OF THE TREASURY AND THE POSTMASTER GENERAL, ACTING JOINT, FROM THE PUBLIC BUILDING PROJECTS SPECIFIED IN HOUSE REPORT NO. 1879, SEVENTY-THIRD CONGRESS, SECOND SESSION, AS REVISED MAY 17, 1937.' IT APPEARS THE SAID HOUSE REPORT INCLUDED A PROJECT FOR "REPLACEMENTS, ETC., " AT THE COAST GUARD DEPOT, CURTIS BAY, BALTIMORE, MD., THAT THIS PROJECT WAS ONE OF THOSE SELECTED BY YOU AND THE POSTMASTER GENERAL FOR CONSTRUCTION UNDER THE APPROPRIATION, AND THAT $350,000 WAS ALLOTTED FOR THAT PURPOSE.

THE BROAD, GENERAL AUTHORITY FOR A PUBLIC-BUILDING PROJECT CONSISTING OF "REPLACEMENTS, ETC.' WOULD SEEM TO COMPREHEND NEEDED REPLACEMENT OF ANY BUILDING ON THE PROJECT SITE, INCLUDING REASONABLY NECESSARY APPROACHES AND INCIDENTAL CONNECTING UTILITIES AND, IN THAT CONNECTION, THERE APPEARS NO REQUIREMENT THAT THE NEW BUILDING, OR BUILDINGS, BE LOCATED ON THE EXACT SITE OF THE BUILDING REPLACED. WHILE IT APPEARS, AS STATED IN YOUR LETTER, THAT THE COST OF CONSTRUCTION OF THE ROAD, BRIDGE, AND INCIDENTAL UTILITIES IS DISPROPORTIONATE TO THE COST OF CONSTRUCTING THE COMMANDANT'S RESIDENCE AT THE NEW LOCATION, IN VIEW OF THE FACTS AND CIRCUMSTANCES SET FORTH IN YOUR SUBMISSION I HAVE TO ADVISE THAT THE APPROPRIATION IN QUESTION MAY BE REGARDED AS AVAILABLE FOR THE CONSTRUCTION OF SUCH ROAD, BRIDGE, ETC., IF IT BE ADMINISTRATIVELY DETERMINED THAT THE RELOCATION OF THE RESIDENCE ON THE SITE SELECTED IS REQUIRED IN THE PUBLIC INTEREST AND THAT THE EXTENSION OF THE FACILITIES IS NECESSARY AS AN INCIDENT TO SUCH RELOCATION.

ALSO, IN THE EVENT OF SUCH ADMINISTRATIVE DETERMINATION THERE APPEARS NO LEGAL OBJECTION TO THE PROCEDURE SUGGESTED IN YOUR QUESTION (2).