A-29455, NOVEMBER 22, 1929, 9 COMP. GEN. 217

A-29455, NOVEMBER 22, 1929, 9 COMP. GEN. 217

PUBLIC BUILDINGS - CAFETERIAS UPON THE ADMINISTRATIVE DETERMINATION THAT A CAFETERIA IN THE NEW DEPARTMENT OF COMMERCE BUILDING IN WASHINGTON, D.C., IS A NECESSITY FOR THE PROPER USE OF THE BUILDING AND THAT IT CAN BE MORE ECONOMICALLY PROVIDED BY INCLUDING IT IN THE PLANS FOR THE BUILDING, AND THE APPROPRIATIONS FOR THE NEW BUILDING ARE MADE BASED UPON ESTIMATES INCLUDING THE COST OF A CAFETERIA AND EQUIPMENT, PAYMENT THEREFOR MAY BE MADE FROM THE APPROPRIATION FOR THE CONSTRUCTION OF THE BUILDING.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE TREASURY, NOVEMBER 22, 1929:

THERE HAS BEEN RECEIVED YOUR LETTER OF NOVEMBER 8, 1929, AS FOLLOWS:

UNDER THE PROVISIONS OF THE PUBLIC BUILDING ACT OF MAY 25, 1926 (44 STAT. 630), IT WAS PROVIDED "THAT TO ENABLE THE SECRETARY OF THE TREASURY TO PROVIDE SUITABLE ACCOMMODATIONS IN THE DISTRICT OF COLUMBIA FOR THE EXECUTIVE DEPARTMENT , AND INDEPENDENT ESTABLISHMENTS OF THE GOVERNMENT NOT UNDER ANY EXECUTIVE DEPARTMENT * * *, HE IS HEREBY AUTHORIZED AND DIRECTED TO ACQUIRE, BY PURCHASE, CONDEMNATION, OR OTHERWISE, SUCH SITES AND ADDITIONS TO SITES AS HE MAY DEEM NECESSARY, AND TO CAUSE TO BE CONSTRUCTED THEREON, AND THE LANDS BELONGING TO THE GOVERNMENT, CONVENIENTLY LOCATED AND AVAILABLE FOR THE PURPOSE, * * * ADEQUATE AND SUITABLE BUILDINGS" FOR THE FOREGOING PURPOSE. THIS ACT PROVIDES FURTHER "THAT ALL SKETCHES, PLANS, AND ESTIMATES FOR BUILDINGS SHALL BE APPROVED BY THE SECRETARY OF THE TREASURY AND THE HEADS OF THE EXECUTIVE DEPARTMENTS WHICH ARE TO BE LOCATED IN SUCH BUILDINGS," AND ALSO THAT NO CONTRACT SHALL BE LET FOR ANY BUILDING OR ENLARGEMENT, OR EXTENSION, OF ANY BUILDING IN THE DISTRICT OF COLUMBIA, UNDER THE PROVISIONS OF THIS ACT, WITHOUT THE APPROVAL OF THE PUBLIC BUILDINGS COMMISSION AS TO THE ASSIGNMENT AND GENERAL ARRANGEMENT OF SPACE THEREIN.

IT HAS LONG BEEN ESTABLISHED THAT REST ROOMS, CAFETERIAS, EMERGENCY MEDICAL ATTENTION, ETC., ARE NECESSARY ADJUNCTS TO THE PROPER FUNCTIONING EMPLOYEES ARE HOUSED IN A SINGLE BUILDING. THE QUESTION OF THE PROPER ACCOMMODATION OF THE GOVERNMENT EMPLOYEES WHO WILL BE HOUSED IN THE ,TRIANGLE" AREA FOR LUNCHEON SERVICE WILL BE INCREASINGLY DIFFICULT AS THE BUILDING PROGRAM GOES FORWARD, WITH A CONSEQUENT REACTION ON EMPLOYEES' EFFICIENCY IN THE EVENT THAT SUITABLE PROVISION IS NOT MADE NEAR OR IN THE NEW BUILDINGS.

THIS SITUATION WAS RECOGNIZED BY THE SECRETARY OF THE TREASURY AND THE SECRETARY OF COMMERCE IN THE DEVELOPMENT OF THE PLANS FOR THE BUILDING FOR THE DEPARTMENT OF COMMERCE, WHICH WILL EVENTUALLY HOUSE BETWEEN EIGHT AND NINE THOUSAND EMPLOYEES, AND PROVISION WAS MADE IN THE DRAWINGS AND SPECIFICATIONS FOR THE ASSIGNMENT OF SPACE FOR, AND THE EQUIPMENT OF, A CAFETERIA OF SUITABLE SIZE, IT HAVING BEEN DETERMINED, AS AN ADMINISTRATIVE QUESTION, THAT THE CAFETERIA WAS A NECESSITY.

THE PLANS AS DEVELOPED BY THE SECRETARY OF THE TREASURY HAVE BEEN APPROVED BY THE PUBLIC BUILDINGS COMMISSION, AND THE APPROPRIATIONS FOR THE BUILDING ARE BASED ON THE COMPLETE EQUIPMENT OF THE CAFETERIA. THE SUCCESSFUL CONTRACTOR HAS BASED HIS BID ON THE COMPLETE CAFETERIA, AND HAS TAKEN BIDS FROM SUBCONTRACTORS FOR THE NECESSARY WORK OF ROUGHING IN AND FOR THE FURNISHING AND INSTALLATION OF EQUIPMENT.

IN VIEW OF THE FACT THAT IT HAS BEEN ADMINISTRATIVELY DETERMINED THAT THE ASSIGNMENT OF SPACE FOR THE CAFETERIA AND ITS EQUIPMENT IS A NECESSITY AND THE PLANS AND SPECIFICATIONS HAVE BEEN APPROVED BY THE SECRETARY OF COMMERCE AND THE PUBLIC BUILDINGS COMMISSION, IT IS RESPECTFULLY REQUESTED THAT YOU ADVISE WHETHER THE PAYMENTS TO THE CONTRACTOR FOR THE CAFETERIA WILL BE QUESTIONED, ESPECIALLY IN VIEW OF THE FACT THAT THE APPROPRIATIONS ARE BASED ON THIS CONTINGENCY AND ARE ADEQUATE FOR THE PURPOSE.

IN THIS CONNECTION IT IS WELL TO CALL YOUR ATTENTION TO THE FACT THAT IT IS NECESSARY THAT THE ,ROUGHING-IN" WORK FOR WATER, STEAM, GAS, AND ELECTRIC OUTLETS MUST BE DONE IN THE EARLY STAGES OF BUILDING CONSTRUCTION, AND THAT THE CONTRACTOR HAS ARRANGED THE ROUGHING IN TO ACCOMMODATE THE EQUIPMENT WHICH HE HAS SELECTED AS MEETING THE SPECIFICATIONS. IF IT NOW BECOMES NECESSARY TO MAKE A DEDUCTION FROM THE CONTRACT FOR THE ELIMINATION OF THE CAFETERIA EQUIPMENT, AND IT LATER BECOMES NECESSARY, UNDER COMPETITION, TO SELECT OTHER EQUIPMENT, THE CONTRACT FOR THE INSTALLATION OF SUCH OTHER EQUIPMENT WILL OF NECESSITY REQUIRE CHANGING THE OUTLETS, AND TO A LARGE EXTENT THE ORIGINAL ROUGHING IN, AT A CONSEQUENT INCREASE IN PRICE TO THE GOVERNMENT. OR, IF THE SAME MANUFACTURER WHO IS TO FURNISH THE EQUIPMENT UNDER THE CONTRACT OFFERS HIS EQUIPMENT AS BEING THE ONLY EQUIPMENT WHICH IS ADAPTED TO THE ROUGHING-IN WORK AS INSTALLED, IT IS VERY DOUBTFUL THAT IT WILL BE SUPPLIED AT THE SAME PRICE AT WHICH IT IS NOW OFFERED TO THE GENERAL CONTRACTOR.

IT IS A WELL-ESTABLISHED RULE THAT AN APPROPRIATION FOR THE CONSTRUCTION OF A PUBLIC BUILDING IS AVAILABLE ONLY FOR THE COST OF CONSTRUCTION PROPER AND FOR SUCH EQUIPMENT AND FIXTURES AS ARE PERMANENTLY ATTACHED TO THE BUILDING AND SO ESSENTIALLY A PART THEREOF THAT THE REMOVAL OF THE SAME MIGHT CAUSE SUBSTANTIAL DAMAGE TO THE BUILDING. 26 COMP. DEC. 111; 7 COMP. GEN. 474. IT APPEARS FROM YOUR SUBMISSION, HOWEVER, THAT THE CONTEMPLATED EQUIPMENT FOR THE CAFETERIA IN THE NEW DEPARTMENT OF COMMERCE BUILDING IS SUCH AS TO REQUIRE SPECIAL ARRANGEMENTS IN THE STRUCTURE FOR WATER, STEAM, GAS, AND ELECTRIC OUTLETS, AND THAT IF CONTRACT FOR EQUIPMENT WERE TO BE LET SEPARATELY IT MIGHT NECESSITATE STRUCTURAL CHANGES IN SUCH ITEMS. IN VIEW OF THE ADMINISTRATIVE DETERMINATION THAT THE CAFETERIA IS A NECESSITY WHICH CAN BE PROVIDED MORE ECONOMICALLY BY INCLUDING IT IN THE PLANS OF THE NEW BUILDING, AND OF THE FURTHER FACT THAT THE ESTIMATES UPON WHICH THE APPROPRIATIONS FOR THE BUILDING WERE MADE ARE STATED BY YOU TO HAVE INCLUDED PROVISION FOR THE CAFETERIA AND EQUIPMENT, THIS OFFICE WILL OFFER NO OBJECTION TO OTHERWISE PROPER PAYMENTS TO THE CONTRACTOR FOR CAFETERIA EQUIPMENT FURNISHED UNDER THE GENERAL CONTRACT AS A PART OF THE CONSTRUCTION COSTS OF THE BUILDING. COMP. GEN. 619.