B-159633, SEP 10, 1974

B-159633, SEP 10, 1974

INVOICE IN AMOUNT OF $2,784 FOR HOTEL ACCOMMODATIONS FOR EMPLOYEE PARTICIPANTS OF TRAINING CONFERENCE HELD IN WASHINGTON, D.C. MAY NOT BE CERTIFIED FOR PAYMENT SINCE RENTAL WAS IN VIOLATION OF 40 U.S.C. 34 AND GENERAL SERVICES ADMINISTRATION DID NOT ARRANGE FOR SPACE.

PAYMENT OF HOTEL ACCOMMODATIONS FOR TRAINING CONFERENCE:

THIS DECISION TO AN AUTHORIZED CERTIFYING OFFICER, MRS. CLARICE D. BRYCE, OF THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC), IS IN RESPONSE TO HER REQUEST OF JUNE 11, 1974, FOR AN ADVANCE DECISION AS TO THE PROPRIETY OF PAYMENT OF $2,784 FOR ACCOMMODATIONS IN THE WELLINGTON APARTMENT HOTEL FOR EMPLOYEE PARTICIPANTS OF A TRAINING CONFERENCE HELD IN WASHINGTON, D.C.

IT IS EXPLAINED THAT THE ACCOMMODATIONS AT THE WELLINGTON HOTEL WERE PROVIDED TO THE EMPLOYEES IN LIEU OF REIMBURSEMENT OF SUCH EXPENSES AND THE EMPLOYEES WERE AUTHORIZED PER DIEM AT THE REDUCED RATE OF $12 PER DAY. IN ADDITION, CONFERENCE SPACE WAS PROVIDED BY THE HOTEL AT NO EXPENSE TO THE COMMISSION.

INASMUCH AS THE WELLINGTON HOTEL IS LOCATED IN THE DISTRICT OF COLUMBIA, THE CERTIFYING OFFICER HAS DOUBT AS TO THE PROPRIETY OF PAYMENT BECAUSE OF THE PROHIBITION CONTAINED IN THE ACT OF MARCH 3, 1877, 19 STAT. 370, 40 U.S.C. 34 AND COMPTROLLER GENERAL DECISION 46 COMP. GEN. 379 (1966). THE PROHIBITION IN 40 U.S.C. 34 READS AS FOLLOWS:

"NO CONTRACT SHALL BE MADE FOR THE RENT OF ANY BUILDING, OR PART OF ANY BUILDING, TO BE USED FOR THE PURPOSES OF THE GOVERNMENT IN THE DISTRICT OF COLUMBIA, UNTIL AN APPROPRIATION THEREFOR SHALL HAVE BEEN MADE IN TERMS BY CONGRESS, AND THIS CLAUSE SHALL BE REGARDED AS NOTICE TO ALL CONTRACTORS OR LESSORS OF ANY SUCH BUILDING OR ANY PART OF BUILDING."

BASED ON THIS STATUTE OUR OFFICE HELD IN 46 COMP. GEN. 379 THAT IN THE ABSENCE OF EXPRESS AUTHORITY FOR THE RENTAL OF HOTEL ACCOMMODATIONS IN WASHINGTON, D.C., FOR A CONFERENCE, PAYMENT FOR THE USE OF SUCH SPACE FROM APPROPRIATED FUNDS IS PROHIBITED WHERE GENERAL SERVICES ADMINISTRATION (GSA) DOES NOT ARRANGE FOR THE SPACE. THIS IS ALSO IN ACCORD WITH OUR HOLDING THAT THE FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF 1949, 63 STAT. 377, AS AMENDED, AUTHORIZES GSA TO ENTER INTO LEASING AGREEMENTS FOR THE BENEFIT AND ACCOMMODATION OF FEDERAL AGENCIES AND THAT IF THE ADMINISTRATOR OF GSA AUTHORIZES THE FORMATION OF A RENTAL AGREEMENT, THE STATUTORY REQUIREMENT OF 40 U.S.C. 34 IS SATISFIED. SEE B-159633, MAY 20, 1974.

WITH REFERENCE TO EEOC, WE FIND NOTHING IN THE ACT MAKING APPROPRIATIONS TO EEOC FOR THE FISCAL YEAR ENDING JUNE 30, 1974, PUB. L. 93-162, 87 STAT. 636, 654, NOR IN THE SUPPLEMENTAL APPROPRIATIONS ACT, 1974, PUB. L. 93- 245, 87 STAT. 1071, 1082, WHICH WOULD AUTHORIZE RENTAL OF BUILDINGS IN THE DISTRICT OF COLUMBIA. IN VIEW OF THE FOREGOING AND THE FACT THAT THE COMMISSION CONTRACTED WITH THE WELLINGTON DIRECTLY RATHER THAN THROUGH GSA, OR WITHOUT DELEGATION OF AUTHORITY FROM GSA, THE INVOICE MAY NOT BE CERTIFIED FOR PAYMENT AND WILL BE RETAINED HERE.