A-97419, SEPTEMBER 20, 1938, 18 COMP. GEN. 238

A-97419, SEPTEMBER 20, 1938, 18 COMP. GEN. 238

PURCHASES - DRINKING WATER - APPROPRIATION AVAILABILITY A CONTRACT FOR THE FURNISHING OF BOTTLED DRINKING WATER FOR THE USE OF GOVERNMENT EMPLOYEES IS NOT AUTHORIZED WHERE THE PUBLIC WATER SUPPLY IS ADMITTED BY THE LOCAL HEALTH OFFICER TO BE "FREE FROM BACTERIA" AND IS NOT SHOWN TO BE DETRIMENTAL TO THE HEALTH OF THE EMPLOYEES, NOTWITHSTANDING HIS OPINION THAT "THE WATER WAS OF A TURGID AND MUDDY NATURE HAVING A TASTE WHICH * * *, WOULD MAKE THE WATER NOT POTABLE FOR HUMAN CONSUMPTION.'

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF COMMERCE, SEPTEMBER 20, 1938:

THERE HAS COME TO MY ATTENTION A CONTRACT DATED JULY 1, 1937, NO. C BA- 654, WITH THE ALHAMBRA WATER CO., 5736 TELEGRAPH AVENUE, OAKLAND, CALIF., COVERING PURCHASE OF SPECIAL DRINKING WATER, IN 5-GALLON BOTTLES, AT 55 CENTS PER BOTTLE, TO BE USED WITH AN ELECTRICAL COOLING DEVICE RENTED FROM THE CONTRACTOR ON A MONTHLY BASIS AT $3.50 PER MONTH, AT THE OAKLAND MUNICIPAL AIRPORT, OAKLAND, CALIF.

UNDER DATE OF AUGUST 3, 1937, A LETTER WAS ADDRESSED TO THE DIRECTOR OF AIR COMMERCE, DEPARTMENT OF COMMERCE, REQUESTING THAT AN EXPLANATION BE FURNISHED AS TO THE NECESSITY OF PURCHASING SPECIAL DRINKING WATER AT THE OAKLAND MUNICIPAL AIRPORT, INVITING ATTENTION TO 5 COMP. GEN. 53; ID. 90.

BY REPLY DATED AUGUST 20, 1937, IT WAS STATED:

THE WATER SUPPLY AT THE AIRPORT IN QUESTION WAS FOUND, ON SEVERAL OCCASIONS, TO BE CONTAMINATED, AT ONE TIME THERE BEING A DIRECT CONNECTION WITH THE SEWER SYSTEM, WHICH PERMITTED THE WASTE WATER TO COME UP THROUGH THE DRINKING OUTLET, AND SINCE NO ASSURANCE COULD BE GIVEN AS TO THE PURITY OF THE WATER FROM DAY TO DAY THE BUREAU REACHED THE CONCLUSION THAT IT WOULD BE IN THE INTEREST OF THE GOVERNMENT TO PURCHASE DRINKING WATER FOR ITS EMPLOYEES AT THE AIRPORT RATHER THAN TO HAVE THEM DRINK WATER THAT MIGHT BE POLLUTED, THEREBY RESULTING IN ILLNESS AND ABSENCE FROM DUTY, THUS IMPAIRING THE EFFICIENCY OF THE STATION AND INCREASING THE COST OF ITS OPERATION.

BY OFFICE LETTER OF SEPTEMBER 9, 1937, INFORMATION WAS REQUESTED AS TO WHETHER THE AIRPORT IS SERVED BY THE REGULAR WATER SUPPLY OF THE CITY OF OAKLAND AND, IF SO, WHETHER THE PROPER LOCAL HEALTH OFFICIALS HAVE CONDEMNED THE WATER SUPPLY; THAT IF THE WATER SUPPLY HAS BEEN CONDEMNED AS NOT FIT FOR DRINKING PURPOSES, IT WAS REQUESTED THAT A CERTIFICATE OF THE LOCAL HEALTH OFFICIALS EVIDENCING SUCH FACTS BE FURNISHED.

WITH RESPONSE OF MAY 9, 1938, THERE WAS TRANSMITTED A LETTER SIGNED BY DR. N. N. ASHLEY, AS HEALTH OFFICER, CITY OF OAKLAND, AS FOLLOWS:

THE SAMPLES OF THE WATER OBTAINED FROM THE TRAFFIC CONTROL TOWER AT THE OAKLAND AIRPORT WAS SUBMITTED TO THIS OFFICE AND EXAMINED BY THIS DEPARTMENT. THEY WERE FOUND TO BE FREE FROM BACTERIA BUT THE WATER WAS OF A TURGID AND MUDDY NATURE HAVING A TASTE WHICH, IN MY OPINION, WOULD MAKE THE WATER NOT POTABLE FOR HUMAN CONSUMPTION. I THEREFORE SUGGEST THAT OTHER PLANS BE MADE FOR PROCURING SUITABLE WATER FOR THE MEN IN THE TOWER.

THE PURCHASE OF DRINKING WATER IS, ORDINARILY, A PERSONAL MATTER, AND MAY BE REGARDED AS A CHARGE AGAINST APPROPRIATED MONEYS ONLY UPON A SHOWING OF NECESSITY FROM THE STANDPOINT OF THE GOVERNMENT. ALSO, IT HAS BEEN HELD THAT WHERE THE WATER SUPPLIED TO THE GENERAL PUBLIC IN THE LOCALITY IS AVAILABLE FOR GOVERNMENT USE THE PURCHASE OF SPECIAL WATER IS NOT AUTHORIZED UNLESS IT BE SHOWN THAT THE WATER OTHERWISE AVAILABLE IS NOT POTABLE. 2 COMP. GEN. 776; 5 ID. 53; ID. 90; 17 ID. 698.

THE ACCOUNTING OFFICERS HAVE HELD CONSISTENTLY THAT UNLESS THE PUBLIC WATER SUPPLY OF A LOCALITY IS DETRIMENTAL TO THE HEALTH OF GOVERNMENT EMPLOYEES, PUBLIC FUNDS ARE NOT CHARGEABLE WITH THE COST OF OTHER DRINKING WATER. SEE 3 COMP. GEN. 828. AS THE HEALTH OFFICER REPORTED THAT THE SAMPLES OF DRINKING WATER EXAMINED WERE "FREE FROM BACTERIA," IT WOULD APPEAR THAT SAID WATER IS NOT UNSAFE FOR DRINKING PURPOSES, NOTWITHSTANDING ITS "MUDDY NATURE" AND "TASTE.' THE FINDING OR REPORT OF THE HEALTH OFFICER, THAT IN HIS OPINION THE WATER IS "NOT POTABLE FOR HUMAN CONSUMPTION," IS NOT DEEMED, IN VIEW OF THE REPORTED ABSENCE OF BACTERIA, TO BE AN UNEQUIVOCAL REPORT THAT THE WATER IS UNFIT FOR DRINKING PURPOSES. 2 COMP. GEN. 776. THE NECESSITY FOR THE PURCHASE OF DRINKING WATER IS NOT SHOWN. 5 COMP. GEN. 90. THE AVAILABLE WATER SUPPLY IS NOT SHOWN TO BE DETRIMENTAL TO THE HEALTH OF GOVERNMENT EMPLOYEES.

IT MUST BE HELD, ON THE PRESENT RECORD, THAT THE CONTRACT FOR THE FURNISHING OF BOTTLED DRINKING WATER FOR THE USE OF THE EMPLOYEES OF THE OAKLAND MUNICIPAL AIRPORT WAS NOT AUTHORIZED UNDER EXISTING LAW AND CREDIT WILL NOT BE ALLOWED FOR PAYMENTS FOR WATER DELIVERED THEREUNDER.