B-63045, MARCH 17, 1947, 26 COMP. GEN. 677

B-63045, MARCH 17, 1947, 26 COMP. GEN. 677

DEPARTMENTS AND ESTABLISHMENTS - SERVICES BETWEEN - FURNISHING OFFICE SPACE AND SPECIAL BUILDING SERVICES IN U.S. COURTHOUSE UNDER THE PROVISIONS OF SECTION 601 OF THE ACT OF JUNE 30, 1932, AS AMENDED, RESPECTING INTERAGENCY SERVICES, REIMBURSEMENT OF THE COST OF SPECIAL BUILDING SERVICES--- ELECTRIC CURRENT, HEAT, WATER AND JANITOR SERVICE--- FURNISHED IN CONNECTION WITH THE OCCUPANCY OF OFFICE SPACE BY A LOCAL DRAFT BOARD IN A UNITED STATES COURTHOUSE SHOULD BE EFFECTED BY AN ADJUSTMENT BETWEEN APPROPRIATIONS IN ACCORDANCE WITH THE PROVISIONS OF GENERAL REGULATIONS NO. 98, IF AND WHEN AN AGREEMENT IS REACHED BETWEEN THE AGENCIES RESPECTING THE ACTUAL COST OF PERFORMING SUCH SERVICES; HOWEVER, THERE IS NO AUTHORITY FOR PAYMENT OF RENT FOR THE SPACE SO OCCUPIED.

COMPTROLLER GENERAL WARREN TO THE CLERK OF THE UNITED STATES DISTRICT COURT FOR THE TERRITORY OF ALASKA, THIRD DIVISION, MARCH 17, 1947:

REFERENCE IS MADE TO YOUR LETTERS OF NOVEMBER 15, 1946, AND JANUARY 22, 1947, REQUESTING REVIEW OF SETTLEMENT OF NOVEMBER 7, 1946, WHICH DISALLOWED YOUR CLAIM FOR $300, FOR RENTAL (INCLUDING ELECTRIC CURRENT, HEAT, WATER AND JANITOR SERVICE) FOR OFFICE SPACE IN ROOM NO. 2, SECOND FLOOR, OF THE UNITED STATES COURT HOUSE, SEWARD, ALASKA, OCCUPIED BY LOCAL BOARD NO. 14, SELECTIVE SERVICE SYSTEM, FROM JULY 1, 1941, TO JUNE 30, 1946, INCLUSIVE.

IT APPEARS THAT ON JUNE 21, 1941, A REPRESENTATIVE OF LOCAL BOARD NO. 14 REQUESTED SPACE IN THE COURTHOUSE WHERE THE BOARD COULD MEET TWICE A WEEK AND FOR STORAGE OF A SMALL FILE CABINET AND THAT THE SAID REPRESENTATIVE STATED THAT THE BOARD COULD PAY $10 PER MONTH. THE RECORD INDICATES THAT THE BOARD OCCUPIED SPACE IN THE BUILDING DURING THE PERIOD COVERED BY THE CLAIM. THE CLAIM WAS TRANSMITTED TO THIS OFFICE BY THE SELECTIVE SERVICE SYSTEM FOR DIRECT SETTLEMENT WITHOUT APPROVAL FOR PAYMENT, IT BEING STATED IN THE LETTER OF TRANSMITTAL "THAT THERE APPEARS TO HAVE BEEN ONLY A VERBAL UNDERSTANDING THAT SOME FORM OF RENTAL WOULD BE PAID AND, FURTHERMORE, FOR THE REASON THAT, WHEN SPACE IS AVAILABLE, IT HAS BEEN CUSTOMARY TO PROVIDE SELECTIVE SERVICE BOARDS RENT FREE SPACE IN PUBLIC BUILDINGS.' THE CLAIM WAS DISALLOWED BY THE SETTLEMENT OF NOVEMBER 7, 1946, FOR THE STATED REASON THAT THE RECORD FAILED TO DISCLOSE ANY AGREEMENT, VERBAL OR OTHERWISE, FOR THE PAYMENT OF RENTAL FOR THE USE AND OCCUPANCY OF OFFICE SPACE AND BECAUSE OF THE ABSENCE OF ANY SHOWING THAT THE BOARD HAD EXCLUSIVE POSSESSION OF THE SPACE DURING THE PERIOD COVERED BY THE CLAIM.

IN REQUESTING REVIEW, IT IS STATED IN YOUR LETTER THAT A VERBAL AGREEMENT WAS ENTERED INTO WITH MR. GLENN ROGERS, A REPRESENTATIVE OF THE SEWARD DRAFT BOARD, AND MR. IRWIN L. METCALF, DEPUTY UNITED STATES MARSHAL WHO HAS CUSTODY OF THE COURTHOUSE; THAT THE BOARD HAD EXCLUSIVE USE OF ROOM NO. 2; THAT ON APRIL 21, 1943, YOUR OFFICE RECEIVED THE AMOUNT OF $70 FROM THE SELECTIVE SERVICE SYSTEM AS RENTAL FOR THE PERIOD FROM JUNE 1, 1942, TO DECEMBER 31, 1942, WHICH WAS THE RENTAL RATE AGREED UPON BETWEEN MR. ROGERS AND THE DEPUTY UNITED STATES MARSHAL; AND THAT THE DEPUTY MARSHAL WAS NOT AWARE OF SUCH PAYMENT WHEN THE PRESENT CLAIM WAS FILED, AS RENTS ARE PAID TO YOU OFFICE

DIRECT.

IT HAS BEEN HELD CONSISTENTLY THAT PAYMENT OF RENT BY ONE GOVERNMENT DEPARTMENT OR AGENCY FOR PREMISES UNDER THE ADMINISTRATIVE CONTROL OF ANOTHER DEPARTMENT OR AGENCY IS NOT AUTHORIZED. 21 COMP. DEC. 528, 22 ID. 684, 20 COMP. GEN. 581, ID. 699. HOWEVER, REIMBURSEMENT OF THE COST OF SPECIAL SERVICES FURNISHED BY ONE GOVERNMENT AGENCY TO ANOTHER GOVERNMENT AGENCY HAS BEEN HELD TO BE AUTHORIZED UNDER THE PROVISIONS OF SECTION 601 OF THE ACT OF JUNE 30, 1932, 47 STAT. 417, AS AMENDED. B-48853, APRIL 21, 1945. SAID SECTION, AS INCORPORATED IN SECTION 686, TITLE 31, U.S. CODE, SUPPLEMENT IV, PROVIDES, IN PERTINENT PART, AS FOLLOWS:

(A) ANY EXECUTIVE DEPARTMENT OR INDEPENDENT ESTABLISHMENT OF THE GOVERNMENT OR ANY BUREAU OF OFFICE THEREOF, IF FUNDS ARE AVAILABLE THEREFOR AND IF IT IS DETERMINED BY THE HEAD OF SUCH EXECUTIVE DEPARTMENT, ESTABLISHMENT, BUREAU, OR OFFICE TO BE IN THE INTEREST OF THE GOVERNMENT SO TO DO, MAY PLACE ORDERS WITH ANY OTHER SUCH DEPARTMENT, ESTABLISHMENT, BUREAU, OR OFFICE FOR MATERIALS, SUPPLIES, EQUIPMENT, WORK, OR SERVICES, OF ANY KIND THAT SUCH REQUISITIONED FEDERAL AGENCY MAY BE IN A POSITION TO SUPPLY OR EQUIPPED TO RENDER, AND SHALL PAY PROMPTLY BY CHECK TO SUCH FEDERAL AGENCY AS MAY BE REQUISITIONED, UPON ITS WRITTEN REQUEST, EITHER IN ADVANCE OR UPON THE FURNISHING OR PERFORMANCE THEREOF, ALL OR PART OF THE ESTIMATED OR ACTUAL COST THEREOF AS DETERMINED BY SUCH DEPARTMENT, ESTABLISHMENT, BUREAU, OR OFFICE AS MAY BE REQUISITIONED; BUT PROPER ADJUSTMENTS ON THE BASIS OF THE ACTUAL COST OF THE MATERIALS, SUPPLIES, OR EQUIPMENT FURNISHED, OR WORK OR SERVICES PERFORMED, PAID FOR IN ADVANCE, SHALL BE MADE AS MAY BE AGREED UPON BY THE DEPARTMENTS, ESTABLISHMENTS, BUREAUS, OR OFFICES CONCERNED: PROVIDED, THAT THE WAR DEPARTMENT, NAVY DEPARTMENT, TREASURY DEPARTMENT, CIVIL AERONAUTICS ADMINISTRATION AND THE MARITIME COMMISSION MAY PLACE ORDERS, AS PROVIDED HEREIN, FOR MATERIALS, SUPPLIES, EQUIPMENT, WORK, OR SERVICES, OF ANY KIND THAT ANY REQUISITIONED FEDERAL AGENCY BE IN A POSITION TO SUPPLY, OR TO RENDER OR TO OBTAIN BY CONTRACT: PROVIDED FURTHER, THAT IF SUCH WORK OR SERVICES CAN BE AS CONVENIENTLY OR MORE CHEAPLY PERFORMED BY PRIVATE AGENCIES SUCH WORK SHALL BE LET BY COMPETITIVE BIDS TO SUCH PRIVATE AGENCIES. BILLS RENDERED, OR REQUESTS FOR ADVANCE PAYMENTS MADE, PURSUANT TO ANY SUCH ORDER, SHALL NOT BE SUBJECT TO AUDIT OR CERTIFICATION IN ADVANCE OF PAYMENT.

INSOFAR AS THE SPECIAL SERVICES HERE INVOLVED ARE CONCERNED, IT WILL BE NOTED THAT SAID SECTION PROVIDES FOR AN ADJUSTMENT OF APPROPRIATIONS OF THE GOVERNMENT AGENCIES INVOLVED--- AS DISTINGUISHED FROM THE ORDINARY PAYMENT OF A GOVERNMENT OBLIGATION SUCH AS HERE PROPOSED. SEE, IN THIS CONNECTION, GENERAL REGULATIONS NO. 98, OCTOBER 7, 1943, 23 COMP. GEN. 998. ALSO, SAID SECTION PROVIDES THAT A GOVERNMENT AGENCY WHICH PERFORMS SERVICES FOR ANOTHER SUCH AGENCY SHALL BE REIMBURSED ON THE BASIS OF THE ACTUAL COST OF PERFORMING THE SERVICES "AS MAY BE AGREED UPON BY THE DEPARTMENTS, ESTABLISHMENTS, BUREAUS, OR OFFICES CONCERNED.' IF AND WHEN SUCH AN AGREEMENT IS MADE, THE MATTER SHOULD BE ADJUSTED IN ACCORDANCE WITH PARAGRAPHS 7, 8 AND 9 OF GENERAL REGULATIONS NO. 98, SUPRA. ..END :