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B-138598, MARCH 4, 1959, 38 COMP. GEN. 588

B-138598 Mar 04, 1959
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RATHER IS TO BE REGARDED AS A SERVICE TO BE PERFORMED BY THE GENERAL SERVICES ADMINISTRATION UNDER ITS AUTHORITY TO PROVIDE SUITABLE OFFICE ACCOMMODATIONS FOR DEPARTMENTS AND ESTABLISHMENTS AND TO BE CHARGED TO THE GENERAL SERVICES ADMINISTRATION APPROPRIATION MADE EXPRESSLY AVAILABLE FOR REPAIR. 1959: FURTHER REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 3. IT IS STATED IN YOUR LETTER THAT THE FEDERAL AVIATION AGENCY HAS ENTERED INTO CONTRACTS AND INCURRED EXPENSES INCIDENT TO THE MAJOR RENOVATION OF AN EXISTING FEDERAL BUILDING. THERE WAS A JOB ORDER FOR $100. " THAT THE APPROPRIATION CITED ON THIS JOB ORDER WAS " AMB FUND ADVICE NUMBER 5. GS-R3-B-6611 WAS ENTERED INTO WITH WHITE. AS INDICATED IN YOUR LETTER THE FEDERAL AVIATION AGENCY WAS ESTABLISHED PURSUANT TO TITLE III OF THE " FEDERAL AVIATION ACT OF 1958.

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B-138598, MARCH 4, 1959, 38 COMP. GEN. 588

APPROPRIATIONS - GENERAL SERVICES ADMINISTRATION - SERVICES FOR OTHER AGENCIES - BUILDING REPAIRS ALTERATIONS TO A PUBLIC BUILDING TO MAKE IT SUITABLE FOR NORMAL OFFICE USE BY A GOVERNMENT AGENCY AS DISTINGUISHED FROM ALTERATIONS FOR SPECIALIZED REQUIREMENTS SUCH AS FOR SCIENTIFIC OR LABORATORY USE MAY NOT BE REGARDED AS A SPECIAL SERVICE WHICH MAY BE PERFORMED BY THE GENERAL SERVICES ADMINISTRATION ON A REIMBURSABLE BASIS UNDER SECTION 210 (A) (6) AND 210 (F) OF THE FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF 1949, 40 U.S.C. 490 (A) (6) AND (F), BUT RATHER IS TO BE REGARDED AS A SERVICE TO BE PERFORMED BY THE GENERAL SERVICES ADMINISTRATION UNDER ITS AUTHORITY TO PROVIDE SUITABLE OFFICE ACCOMMODATIONS FOR DEPARTMENTS AND ESTABLISHMENTS AND TO BE CHARGED TO THE GENERAL SERVICES ADMINISTRATION APPROPRIATION MADE EXPRESSLY AVAILABLE FOR REPAIR, ALTERATION AND IMPROVEMENT OF FEDERALLY OWNED BUILDINGS. THE RENOVATION OF A PUBLIC BUILDING, FORMERLY USED AS A HOSPITAL, TO MAKE IT SUITABLE FOR OFFICE SPACE FOR A GOVERNMENT AGENCY EVEN IF CONSIDERED A SPECIAL SERVICE, MUST BE REGARDED AS A "PUBLIC IMPROVEMENT" WITHIN THE MEANING OF SECTION 3733, REVISED STATUTES, 41 U.S.C. 12, WHICH PRECLUDES CONTRACTS FOR PUBLIC IMPROVEMENTS IN THE ABSENCE OF APPROPRIATIONS FOR THE SPECIFIC PURPOSE, AND IN THE ABSENCE OF A SPECIFIC PROVISION FOR BUILDING RENOVATION AND IMPROVEMENT IN THE APPROPRIATION FOR THE AGENCY ASSIGNED TO OCCUPY THE BUILDING, GENERAL APPROPRIATIONS MAY NOT BE OBLIGATED DIRECTLY FOR SUCH WORK NOR BE USED TO REIMBURSE THE GENERAL SERVICES ADMINISTRATION WHICH HAS A SPECIFIC APPROPRIATION AVAILABLE FOR REPAIRS, ALTERATIONS AND IMPROVEMENTS TO FEDERALLY OWNED BUILDINGS.

TO THE CHAIRMAN, COMMITTEE ON GOVERNMENT OPERATIONS, UNITED STATES SENATE, MARCH 4, 1959:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 3, 1959, ACKNOWLEDGED FEBRUARY 4, SUBMITTING CERTAIN QUESTIONS CONCERNING THE RENOVATION OF THE OLD EMERGENCY HOSPITAL, 1711 NEW YORK AVENUE, TO BE OCCUPIED BY THE FEDERAL AVIATION AGENCY.

IT IS STATED IN YOUR LETTER THAT THE FEDERAL AVIATION AGENCY HAS ENTERED INTO CONTRACTS AND INCURRED EXPENSES INCIDENT TO THE MAJOR RENOVATION OF AN EXISTING FEDERAL BUILDING; THAT ON DECEMBER 19, 1958, THERE WAS A JOB ORDER FOR $100,000 ISSUED TO THE GENERAL SERVICES ADMINISTRATION BY THE CIVIL AERONAUTICS ADMINISTRATION FOR "SERVICES OF REQUIRED LABOR TO RENOVATE ADMINISTRATOR'S SUITE OF OFFICES LOCATED ON THE SECOND FLOOR; LOBBY AND ELEVATOR CORRIDOR, FIRST FLOOR, BUILDING B, FEDERAL AVIATION HEADQUARTERS, 1711 NEW YORK AVENUE; " THAT THE APPROPRIATION CITED ON THIS JOB ORDER WAS " AMB FUND ADVICE NUMBER 5, MARCH ( NOVEMBER) 7, 1958, FY 1959, APPROPRIATION NUMBER 60X0100 EXPENSES FAA; " AND THAT THE JOB ORDER BORE A NOTATION " BILLS BE SUBMITTED TO FAA, BUREAU OF RESEARCH AND DEVELOPMENT, 7TH AND D STREETS, S.W., WASHINGTON 25, D.C.' IT APPEARS THAT PURSUANT TO THE JOB ORDER REFERRED TO IN YOUR LETTER, APPARENTLY NUMBERED 13442, CONTRACT NO. GS-R3-B-6611 WAS ENTERED INTO WITH WHITE, TURPIN AND WACHTER FOR ARCHITECTURAL SERVICES FOR THE INVOLVED RENOVATION OF THE BUILDING AS RECOMMENDED BY EBASCO SERVICES, INC.

SPECIFICALLY, YOU REQUEST TO BE ADVISED CONCERNING THE FOLLOWING MATTERS: (1) WHETHER THE FEDERAL AVIATION AGENCY MAY PROPERLY SPEND MONEY FOR THE MAJOR RENOVATION OF ITS NEW QUARTERS IN A FEDERAL BUILDING, (2) WHETHER THE FEDERAL AVIATION AGENCY MAY PROPERLY REIMBURSE SERVICES ADMINISTRATION FOR MONIES SPENT INCIDENT TO THE MAJOR RENOVATION OF THE FEDERAL AVIATION AGENCY'S NEW QUARTERS IN A FEDERAL BUILDING, (3) WHETHER CIVIL AERONAUTICS ADMINISTRATION MAY PROPERLY SPEND MONEY INCIDENT TO THE MAJOR RENOVATION OF QUARTERS FOR THE FEDERAL AVIATION AGENCY IN A FEDERAL BUILDING, AND (4) WHETHER THE AIRWAYS MODERNIZATION BOARD MAY SPEND MONEY FOR THE MAJOR RENOVATION OF QUARTERS FOR THE FEDERAL AVIATION AGENCY IN A FEDERAL BUILDING.

AS INDICATED IN YOUR LETTER THE FEDERAL AVIATION AGENCY WAS ESTABLISHED PURSUANT TO TITLE III OF THE " FEDERAL AVIATION ACT OF 1958," 72 STAT. 744, 49 U.S.C. 1341. SECTION 303 (A), 49 U.S.C. 1344 (A), AUTHORIZES THE ADMINISTRATOR TO MAKE SUCH EXPENDITURES AT THE SEAT OF THE GOVERNMENT AND ELSEWHERE AS MAY BE NECESSARY FOR THE EXERCISE AND PERFORMANCE OF THE POWERS AND DUTIES VESTED IN AND IMPOSED UPON HIM BY LAW, AND AS FROM TIME TO TIME MAY BE APPROPRIATED FOR BY THE CONGRESS. SECTION 303 (C), 49 U.S.C. 1344 (C), AUTHORIZES THE ADMINISTRATOR, WITHIN THE LIMITS OF AVAILABLE APPROPRIATIONS, TO ACQUIRE BY PURCHASE, CONDEMNATION, LEASE, OR OTHERWISE, REAL PROPERTY OR INTEREST THEREIN. IT IS PROVIDED, HOWEVER, THAT THIS AUTHORITY SHALL NOT INCLUDE AUTHORITY FOR THE ACQUISITION OF SPACE IN BUILDINGS FOR USE OF THE FEDERAL AVIATION AGENCY, SUITABLE ACCOMMODATIONS FOR WHICH SHALL BE PROVIDED BY THE ADMINISTRATOR OF GENERAL SERVICES, UNLESS HE DETERMINES, PURSUANT TO SECTION 1 (D) OF REORGANIZATION PLAN NO. 18 OF 1950 (64 STAT. 1270, 5 U.S.C. 133Z-15 NOTE), THAT THE SPACE TO BE ACQUIRED IS TO BE UTILIZED FOR THE SPECIAL PURPOSES OF THE FEDERAL AVIATION AGENCY AND IS NOT GENERALLY SUITABLE FOR THE USE OF OTHER AGENCIES.

SECTION 1401 (B) OF THE FEDERAL AVIATION ACT OF 1958, REPEALED THE CIVIL AERONAUTICS ACT OF JUNE 30, 1958, 52 STAT. 973, AS AMENDED, 49 U.S.C. 401, AND FOLLOWING SECTIONS. BY SECTION 1401 (D) THE AIRWAYS MODERNIZATION ACT OF 1957, 71 STAT. 349, 49 U.S.C. 1211 NOTE, PROVIDING FOR THE ESTABLISHMENT OF THE AIRWAYS MODERNIZATION BOARD WAS REPEALED.

SECTION 1502 (B) OF THE FEDERAL AVIATION ACT OF 1958, 49 U.S.C. 1341 NOTE, PROVIDES THAT SUCH OF THE UNEXPENDED BALANCES OF APPROPRIATIONS AVAILABLE FOR USE BY THE CIVIL AERONAUTICS ADMINISTRATION AND BY THE AIRWAYS MODERNIZATION BOARD AND SUCH OF THE UNEXPENDED BALANCES OF APPROPRIATIONS AVAILABLE FOR USE BY THE CIVIL AERONAUTICS BOARD IN THE EXERCISE AND PERFORMANCE OF THOSE POWERS AND DUTIES VESTED IN AND IMPOSED UPON IT BY THE CIVIL AERONAUTICS ACT OF 1938, AS AMENDED, 49 U.S.C. 401, AND WHICH ARE VESTED BY THIS ACT IN THE ADMINISTRATOR, SHALL BE TRANSFERRED TO THE AGENCY UPON SUCH DATE OR DATES AS THE PRESIDENT SHALL SPECIFY AND SHALL BE AVAILABLE FOR USE IN CONNECTION WITH THE EXERCISE AND PERFORMANCE OF THE POWERS AND DUTIES VESTED IN AND IMPOSED UPON THE ADMINISTRATOR BY THIS ACT.

PURSUANT TO EXECUTIVE ORDER NO. 10786, DATED NOVEMBER 1, 1958, THERE WERE TRANSFERRED TO THE ADMINISTRATOR OF THE AGENCY ALL FUNCTIONS OF THE AIRWAYS MODERNIZATION BOARD AND ALL OF ITS RECORDS, PROPERTY, FACILITIES, EMPLOYEES, AND UNEXPENDED BALANCES OF APPROPRIATIONS ALLOCATIONS AND OTHER FUNDS. THE UNEXPENDED BALANCES OF THE APPROPRIATIONS AVAILABLE TO THE BOARD WERE TRANSFERRED TO THE ACCOUNTS OF THE AGENCY EFFECTIVE AS OF NOVEMBER 1, 1958.

PURSUANT TO EXECUTIVE ORDER NO. 10797, DATED DECEMBER 24, 1958, THE CIVIL AERONAUTICS ADMINISTRATION FUNCTIONS, PERSONNEL, PROPERTY AND UNEXPENDED BALANCES WERE TRANSFERRED TO THE AGENCY, EFFECTIVE 12:01 A.M., DECEMBER 31, 1958.

WHILE AS INDICATED IN YOUR LETTER THE ESTIMATED COST OF THE WORK TO BE PERFORMED IS STATED AS $100,000, IT IS UNDERSTOOD THAT THE PRESENT ESTIMATED COST HAS BEEN INCREASED TO $191,650. THE JOB ORDER INDICATES THAT THE WORK IS INTENDED TO BE PERFORMED BY GENERAL SERVICES ADMINISTRATION ON A REIMBURSABLE BASIS PRESUMABLY UNDER THE THEORY THAT SUCH REIMBURSABLE WORK IS AUTHORIZED UNDER THE PROVISIONS OF SECTION 210 (A) (6) AND SUBSECTION (F) OF THE FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF 1949, AS AMENDED, 40 U.S.C. 490 (A) (6) AND (F). UNDER SECTION 210 (A) (6) THE ADMINISTRATOR IS AUTHORIZED TO OBTAIN PAYMENTS THROUGH ADVANCES OR OTHERWISE, FOR CERTAIN SERVICES FURNISHED ON A REIMBURSABLE BASIS AND TO CREDIT SUCH PAYMENTS TO THE APPLICABLE APPROPRIATIONS OF GSA. IN DECISION OF SEPTEMBER 11, 1958, 38 COMP. GEN. 193, TO THE ADMINISTRATOR OF GENERAL SERVICES, WE STATED AS FOLLOWS:

WHILE SECTION 210 (A) (6) OF THE ACT AUTHORIZED YOU TO OBTAIN PAYMENTS IN ADVANCE, OR OTHERWISE, FOR CERTAIN SERVICES FURNISHED ON A REIMBURSABLE BASIS AND TO CREDIT SUCH PAYMENTS TO YOUR APPLICABLE APPROPRIATIONS, IT DOES NOT AUTHORIZE THE FURNISHING OF EVERY SERVICE ON A REIMBURSABLE BASIS. THE SECTION, AS NOW WORDED, PRESUPPOSES THE AGENCY INVOLVED HAS AVAILABLE APPROPRIATIONS FROM WHICH IT MAY PROPERLY REIMBURSE YOUR ADMINISTRATION.

AS TO THE BUILDINGS MANAGEMENT FUND ESTABLISHED BY SUBSECTION (F) OF SECTION 210, WHAT WAS SAID ABOVE CONCERNING SUBSECTION (A) (6) IS ALSO FOR APPLICATION TO SUBSECTION (F). THIS LATTER SUBSECTION AUTHORIZES REIMBURSEMENT FROM "AVAILABLE APPROPRIATIONS.' THERE WOULD BE NO AUTHORITY FOR ANY AGENCY TO REQUEST SERVICES FROM GSA ON A REIMBURSABLE BASIS IF SUCH AGENCY HAD NO APPROPRIATIONS AVAILABLE TO PAY FOR THE SERVICES REQUESTED, NOR COULD THE AGENCY REIMBURSE GSA IN SUCH A CASE, EVEN THOUGH IN GOOD FAITH YOUR ADMINISTRATION FURNISHED THE REQUESTED SERVICES. THERE IS NOTHING IN THE SUBSECTION, OR THE LEGISLATIVE HISTORY THEREOF, TO INDICATE THAT IT WAS INTENDED TO GRANT AUTHORITY TO FEDERAL AGENCIES TO REIMBURSE THE BUILDINGS MANAGEMENT FUND IN THOSE INSTANCES WHERE ITS APPROPRIATIONS ARE NOT AVAILABLE FOR THE SERVICES REQUESTED. ALL THE SUBSECTION DOES IS TO AUTHORIZE CREDITING THE BUILDINGS MANAGEMENT FUND WITH REIMBURSEMENTS RECEIVED FROM FEDERAL AGENCIES REQUESTING SERVICES FROM GSA AND HAVING APPROPRIATIONS WHICH ARE AVAILABLE TO PAY FOR SUCH SERVICES.

WE ALSO SAID IN THAT DECISION THAT "WHERE A FEDERAL AGENCY REQUESTS "SPECIAL SERVICES," THAT IS, SERVICES OVER AND ABOVE NORMAL SERVICES AND PECULIAR TO THE NEEDS OF THE AGENCY AND NOT BUDGETED FOR BY THE GENERAL SERVICES ADMINISTRATION, WE ARE OF THE VIEW THAT GENERALLY THE APPROPRIATIONS OF THE AGENCY REQUESTING THE SERVICES MUST BE AVAILABLE FOR SUCH SPECIAL SERVICES AND MUST BE USED THEREFOR THROUGH REIMBURSEMENT TO YOUR ADMINISTRATION ( GSA).' ( ITALICS SUPPLIED.)

THE PERTINENT GSA REGULATIONS APPLICABLE TO FEDERAL AGENCIES ENTITLED " STANDARD PRACTICES IN THE MANAGEMENT AND SERVICING OF BUILDINGS" ( GSA REGULATION 2-II-304.04 SECTION F) PROVIDE AS FOLLOWS:

FUNDS FOR REPAIRS, BUILDING ALTERATIONS, AND IMPROVEMENTS DETERMINED BY THE ADMINISTRATION TO BE REQUIRED FOR THE NORMAL USE OF FEDERAL BUILDINGS IN AND OUTSIDE OF THE DISTRICT OF COLUMBIA ARE APPROPRIATED TO THE ADMINISTRATION AND AGENCY FUNDS ARE NOT AVAILABLE THEREFOR, UNLESS THE APPROPRIATIONS FOR THE PARTICULAR AGENCY SO PROVIDE.

WE NOTE THAT SECTION 3 OF THESE REGULATIONS ENUMERATES THE SPECIFIC SERVICES WHICH WILL BE FURNISHED BY THE ADMINISTRATION TO THE OCCUPANT AGENCIES WITHOUT COST. THESE INCLUDE, AMONG OTHERS, THE REFINISHING OF FLOORS, AND LAYING OF FLOOR COVERING SUCH AS LINOLEUM OR TILE; THE RELOCATION, EXTENSION, AND REPLACEMENT OF EXISTING HEATING, PLUMBING, LIGHTING AND OTHER MECHANICAL SYSTEMS INADEQUATE FOR EXISTING NEEDS; BUILDING ALTERATIONS AND IMPROVEMENTS OTHER THAN THOSE REQUESTED BY THE TENANT FOR ITS CONVENIENCE OR SPECIALIZED PURPOSES; AND INSTALLING, REMOVING, AND RELOCATING PARTITIONS IN CHANGES OF SPACE USE. IT IS EXPLAINED THAT GENERALLY THESE SERVICES ARE BUDGETED FOR ON THE BASIS OF NORMAL SPACE NEEDS AND THAT THE PROVIDING OF SERVICES OF CONSIDERABLE MAGNITUDE IN THIS CATEGORY WILL DEPEND UPON THE ADMINISTRATION'S SECURING ADDITIONAL FUNDS THROUGH SUBMISSION OF APPROPRIATION REQUESTS. ALSO, WE NOTE THAT SECTION 4 OF THESE REGULATIONS UNDER THE HEADING " REIMBURSABLE SERVICES" STATES THAT NO PROVISION IS MADE IN THE APPROPRIATION ESTIMATES OF THE ADMINISTRATION FOR SPECIAL SERVICES PECULIAR TO THE AGENCY'S NEEDS AND THAT THESE SERVICES ARE PROVIDED TO THE OCCUPANT AGENCIES ON A REIMBURSABLE BASIS INCLUDING, AMONG OTHERS, THE FOLLOWING:

J. SPACE ALTERATIONS, SUCH AS INSTALLING, REMOVING, AND RELOCATING PARTITIONS (SUBJECT TO APPROVAL OF BUILDING SUPERINTENDENT), THE INSTALLATION OF ANNUNCIATOR AND BUZZER SYSTEMS AND THE MOVING OF FURNITURE AND OFFICE EQUIPMENT AT THE REQUEST OF OCCUPANT AGENCIES; * * *

WHILE AS INDICATED ABOVE GENERAL SERVICES ADMINISTRATION APPARENTLY HAS CONSIDERED REMODELING THE INVOLVED SPACE AS A REIMBURSABLE SERVICE UNDER SECTION 210 (A) (6) AND SUBSECTION (F) OF THE FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT, AND OF THE TYPE DESCRIBED AS PECULIAR TO THE AGENCY NEEDS UNDER SECTION 4 OF THE STANDARD PRACTICES REGULATION GSA REG. 2-II-304.04, WE DO NOT CONCUR WITH THAT VIEW. ON THE CONTRARY, WE ARE INCLINED TO THE VIEW THAT THE PROPOSED ALTERATIONS GENERALLY ARE INCIDENTAL TO THE NORMAL OFFICE SPACE REQUIREMENTS OF THE AGENCY AS OPPOSED TO ANY SPECIALIZED REQUIREMENT OR PURPOSE--- SUCH AS ALTERATIONS FOR SCIENTIFIC, OR LABORATORY SPACE.

IN THIS CONNECTION, WE CALL PARTICULAR ATTENTION TO THE FACT THAT PRIOR TO THE TIME THE AGENCY WAS ASSIGNED SPACE IN THE BUILDING IT WAS IN THE PROCESS OF BEING REMODELED BY GSA FOR GENERAL OFFICE TYPE OCCUPANCY AT A COST IN EXCESS OF $800,000. WHILE THIS CIRCUMSTANCE IS NOT CONTROLLING IN DETERMINING THE USE AVAILABILITY OF FUNDS APPROPRIATED TO THE FEDERAL AVIATION AGENCY FOR SUCH EXPENDITURES, IT DOES MANIFEST THE POLICY OF THE CONGRESS TO LOOK TO THE ADMINISTRATOR OF GENERAL SERVICES TO PROVIDE SUITABLE OFFICE ACCOMMODATION IN THE DISTRICT OF COLUMBIA FOR THE EXECUTIVE DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS OF THE GOVERNMENT WITHIN THE LIMIT OF FUNDS MADE AVAILABLE TO IT FOR SUCH PURPOSE.

OF COURSE, IF THE PROPOSED RENOVATION MAY NOT PROPERLY BE CONSIDERED AS " REIMBURSABLE SERVICES" AS PROVIDED FOR IN SECTION 4J OF THE GSA REGULATIONS, WHICH WE BELIEVE IS THE CORRECT CONCLUSION, ITS APPROPRIATION " REPAIR AND IMPROVEMENT, FEDERALLY OWNED BUILDINGS" FOR THE FISCAL YEAR ENDING JUNE 30, 1959, WOULD BE AVAILABLE FOR SUCH RENOVATION SINCE IT EXPRESSLY PROVIDES FOR "EXPENSES NECESSARY FOR THE REPAIR, ALTERATION, PRESERVATION, RENOVATION, IMPROVEMENT * * * OF FEDERALLY OWNED BUILDINGS.' THIS WOULD BE TRUE EVEN THOUGH THE COSTS OF SUCH RENOVATION MAY NOT HAVE BEEN CONTEMPLATED AT THE TIME THE BUDGET ESTIMATES WERE PREPARED. 27 COMP. GEN. 347; B-87255, AUGUST 23, 1949, AND OCTOBER 18, 1949.

IT IS WELL SETTLED THAT WHERE AN APPROPRIATION IS AVAILABLE FOR A SPECIFIC OBJECT, ANOTHER APPROPRIATION CANNOT BE USED FOR THE SAME WORK UNLESS IT CLEARLY APPEARS THAT IT WAS THE INTENTION OF THE CONGRESS THAT SUCH OTHER APPROPRIATION SHOULD BE AVAILABLE IN ADDITION TO THE SPECIFIC APPROPRIATION. 20 COMP. GEN. 272; 23 ID. 481. ACCORDINGLY, SINCE THE AGENCY'S APPROPRIATIONS MERELY PROVIDED FOR NECESSARY EXPENSES AND CONTAIN NO SPECIFIC PROVISIONS FOR ALTERATIONS, REPAIRS OR IMPROVEMENTS TO FEDERALLY OWNED BUILDINGS, PERFORMANCE OF THE REMODELING WORK ON A REIMBURSABLE BASIS WOULD NOT APPEAR TO BE AUTHORIZED. EVEN IF THE PROPOSED RENOVATION COULD BE CONSIDERED AS SPECIAL SERVICE, IN DETERMINING WHETHER THE AGENCY'S APPROPRIATIONS ARE AVAILABLE TO REIMBURSE GSA FOR SUCH SPECIAL SERVICES THERE NECESSARILY WOULD BE FOR CONSIDERATION THE PROVISIONS OF SECTION 3733, REVISED STATUTES, 41 U.S.C. 12, AS FOLLOWS: NO CONTRACT SHALL BE ENTERED INTO FOR THE ERECTION, REPAIR, OR FURNISHING OF ANY PUBLIC IMPROVEMENT WHICH SHALL BIND THE GOVERNMENT TO PAY A LARGER SUM OF MONEY THAN THE AMOUNT IN THE TREASURY APPROPRIATED FOR THE SPECIFIC PURPOSE.

IN CONSTRUING THIS STATUTE IT HAS BEEN HELD THAT SUCH ITEMS RELATING TO PUBLIC BUILDINGS AS THE INSTALLATION OF AN ELEVATOR, THE CONVERSION OF CERTAIN BUILDINGS FOR SCHOOL PURPOSES, THE REHABILITATION OF A CAFETERIA AND THE REMODELING AND CONVERSION OF SCHOOL BUILDINGS FOR USE AS A CLINIC, CONSTITUTE "PUBLIC IMPROVEMENTS" WITHIN THE MEANING OF THIS STATUTE, AND THAT IN THE ABSENCE OF SPECIFIC PROVISIONS THEREFOR IN THE APPROPRIATIONS SOUGHT TO BE CHARGED SUCH APPROPRIATIONS ARE NOT AVAILABLE FOR PAYMENT OF THE INVOLVED WORK. 8 COMP. GEN. 335; 37 ID. 767; 27 ID. 634; B-76841, AUGUST 23, 1948. THUS THE QUESTION ARISES WHETHER THE RENOVATION OF THE INVOLVED BUILDING AS PROVIDED FOR IN JOB ORDER 13442 AND THE SPECIFICATIONS INCIDENT THERETO CONSTITUTE IMPROVEMENTS WITHIN THE MEANING OF SECTION 3733, REVISED STATUTES, TOGETHER WITH THE FURTHER QUESTION AS TO THE AVAILABILITY OF THE AGENCY'S APPROPRIATION FOR SUCH RENOVATION.

AS HERETOFORE POINTED OUT, THE ADMINISTRATOR OF GENERAL SERVICES IS EXPRESSLY AUTHORIZED BY LAW TO PROVIDE SUITABLE ACCOMMODATIONS IN THE DISTRICT OF COLUMBIA FOR THE EXECUTIVE DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS OF THE GOVERNMENT NOT UNDER ANY EXECUTIVE DEPARTMENT. FURTHER, HE IS AUTHORIZED TO ENLARGE, REMODEL AND EXTEND EXISTING PUBLIC BUILDINGS. 40 U.S.C. 341. ANNUAL APPROPRIATIONS ARE MADE TO THE ADMINISTRATION FOR THIS PURPOSE. IN THE CURRENT APPROPRIATION CITED ABOVE," REPAIR AND IMPROVEMENT, FEDERALLY OWNED BUILDINGS," $75,000,000 WAS APPROPRIATED TO THE ADMINISTRATION FOR EXPENSES NECESSARY FOR THE REPAIR, ALTERATION, PRESERVATION, RENOVATION AND IMPROVEMENT OF FEDERALLY OWNED BUILDINGS AND FOR OTHER PURPOSES.

IN THE SPECIFICATIONS ISSUED PURSUANT TO JOB ORDER 13442, REFERRED TO IN YOUR LETTER, THE " EXTENT OF WORK" TO BE PERFORMED IS DESCRIBED IN SECTION 5 UNDER THE HEADING " CONSTRUCTION ALTERATIONS.' THERE CAN BE NO QUESTION BUT THAT THE RENOVATION OF THE BUILDING, AS SET FORTH IN THE SPECIFICATIONS, CONSTITUTES AN "IMPROVEMENT" WITHIN THE MEANING OF THAT TERM AS USED IN 41 U.S.C. 12. THEREFORE, AS THERE APPEARS TO BE NO SPECIFIC AUTHORITY FOR PUBLIC IMPROVEMENTS IN THE AGENCY'S APPROPRIATIONS, SUCH APPROPRIATIONS ARE NOT AVAILABLE FOR REIMBURSING GENERAL SERVICES ADMINISTRATION FOR THE PROPOSED RENOVATION OF THE BUILDING UNDER JOB ORDER 13442.

ACCORDINGLY, ALL OF THE QUESTIONS SUBMITTED BY YOU MUST BE ANSWERED IN THE NEGATIVE FOR THE FOLLOWING REASONS:

QUESTIONS 1 AND 2. SINCE THE APPROPRIATIONS TRANSFERRED TO AND MADE AVAILABLE FOR USE BY THE FEDERAL AVIATION AGENCY DO NOT CONTAIN ANY SPECIFIC PROVISIONS FOR MAJOR RENOVATION OR IMPROVEMENT OF GOVERNMENT OWNED BUILDINGS, THE AGENCY MAY NOT OBLIGATE SUCH APPROPRIATIONS FOR THESE PURPOSES EITHER DIRECTLY OR ON A REIMBURSABLE BASIS IN VIEW OF THE SPECIFIC APPROPRIATION REQUIREMENT OF 41 U.S.C. 12.

QUESTION 3. AS INDICATED ABOVE, THE APPROPRIATION FOR THE CIVIL AERONAUTICS ADMINISTRATION FOR THE FISCAL YEAR ENDING JUNE 30, 1959, WHILE PROVIDING FOR NECESSARY EXPENSES FOR CARRYING OUT THE PROVISIONS OF THE CIVIL AERONAUTICS ACT OF 1938, AS AMENDED (49 U.S.C. 401), CONTAINS NO SPECIFIC PROVISIONS FOR PUBLIC IMPROVEMENTS AND, THEREFORE, THE CIVIL AERONAUTICS ADMINISTRATION COULD NOT PROPERLY OBLIGATE THE APPROPRIATION FOR RENOVATION OF THE QUARTERS TO BE OCCUPIED BY THE AGENCY.

QUESTION 4. WHAT IS SAID IN ANSWER TO QUESTION 3 ALSO OBTAINS WITH RESPECT TO QUESTION 4 SINCE THE APPROPRIATION FOR THE AIRWAYS MODERNIZATION BOARD MERELY PROVIDES FOR NECESSARY EXPENSES OF THE BOARD AND CONTAINS NO SPECIFIC PROVISIONS FOR PUBLIC IMPROVEMENTS AS REQUIRED BY SECTION 41 U.S.C. 12.

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