B-158524, FEB. 28, 1966, 45 COMP. GEN. 525

B-158524, FEB. 28, 1966, 45 COMP. GEN. 525

APPROPRIATIONS - SPECIFIC V. GENERAL - POSTAL AUTOMATED UNITS ACQUISITION AN AUTOMATED POSTAL UNIT CONSISTING OF A FABRICATED CORE MANUFACTURED TO CONTAIN DISPENSING MACHINES FURNISHED BY THE GOVERNMENT, TO BE INSTALLED IN SPACE LEASED IN SHOPPING CENTERS, LOBBIES, AIRPORT TERMINALS, AND RAILROAD STATIONS AT NOMINAL RENTALS UNDER AGREEMENTS CANCELABLE UPON 30 DAYS NOTICE, AND OFFERING UNATTENDED SERVICE 24 HOURS A DAY, 7 DAYS A WEEK IS NEITHER A PUBLIC BUILDING NOR A PUBLIC IMPROVEMENT WITHIN THE MEANING OF 3733, REVISED STATUTES, 41 U.S.C. 12, AND A SPECIFIC APPROPRIATION FOR ITS PROCUREMENT IS NOT REQUIRED, IN VIEW OF THE FACT THAT THE UNIT, A COMPLEX VERSATILE MACHINE CONSISTING OF A CORE, AN INTEGRAL COMPONENT OF THE UNIT, THAT PROVIDES SUPPORT AND SECURITY PROTECTION FOR SPECIALIZED OPERATING EQUIPMENT IS, BECAUSE OF ITS FLEXIBLE CHARACTERISTICS, NEITHER REGARDED AS A BUILDING NOR CONSTRUED TO BE AN IMPROVEMENT, A TERM USED PRIMARILY WITH REFERENCE TO REAL PROPERTY.

TO THE POSTMASTER GENERAL, FEBRUARY 28, 1966:

REFERENCE IS MADE TO LETTER OF FEBRUARY 14, 1966, FROM MR. TYLER ABELL, ASSISTANT POSTMASTER GENERAL, ASKING WHETHER A SELF-SERVICE POSTAL UNIT UNIT DESCRIBED THEREIN MUST BE CONSIDERED TO BE A PUBLIC BUILDING OR A PUBLIC IMPROVEMENT WITHIN THE MEANING OF SECTION 3733, REVISED STATUTES, 41 U.S.C. 12, AND THUS REQUIRE A SPECIFIC APPROPRIATION FOR ITS PROCUREMENT.

IT IS EXPLAINED THAT THESE AUTOMATED UNITS HAVE BEEN INSTALLED ON AN EXPERIMENTAL BASIS IN FOUR SHOPPING CENTER LOCATIONS THROUGHOUT THE COUNTRY. THESE UNITS OFFER UNATTENDED SERVICE 24 HOURS A DAY, 7 DAYS A WEEK. THE POST OFFICE DEPARTMENT PLANS TO PURCHASE 100 OF THESE UNITS IN THE NEAR FUTURE AND TO PLACE THEM AT SHOPPING CENTERS AND IN POST OFFICE BUILDING LOBBIES THROUGHOUT THE COUNTRY. LATER PROCUREMENTS WILL INCLUDE UNITS FOR LOCATION IN THE LOBBIES OF LARGE BUILDINGS SUCH AS AIRPORT TERMINALS AND RAILROAD STATIONS. THE SPACE FOR THE UNITS WOULD BE SUPPLIED AT NOMINAL RENTALS BY THE SHOPPING CENTER OR BUILDING OWNERS. THE SHOPPING CENTERS WOULD ALSO CONTRIBUTE 1 CONCRETE SLAB UPON WHICH TO PLACE THE UNIT. THE RENTAL AGREEMENTS FOR THE SPACE AND SLAB WILL BE CANCELABLE BY EITHER PARTY AT ANY TIME UPON 30 DAYS' NOTICE AND THE DEPARTMENT WILL RESERVE THE RIGHT TO REMOVE THE UNIT.

THE UNIT WILL BE COMPLETELY FABRICATED AT THE MANUFACTURER'S PLANT WITH THE MACHINES FURNISHED BY THE GOVERNMENT TO BE PUT IN PLACE BY THE MANUFACTURER AT HIS PLANT. THE ENTIRE PACKAGE THEN WOULD BE SHIPPED TO THE SITE WHERE INSTALLATION WOULD BE EFFECTED WITHIN A MATTER OF HOURS. THE CORE OF THE UNIT IN WHICH THE MACHINES ARE LOCATED IS 14 FEET LONG AND 6 FEET WIDE AND WILL HAVE A CANOPY OVER THE TOP WHICH EXTENDS 7 FEET ON ALL FOUR SIDES PRESENTING A LIGHTED FACIA CALLING ATTENTION TO THE UNIT, PARTICULARLY AT NIGHT. THE CORE CONTAINS TWO MULTICOMMODITY VENDING MACHINES, TWO MULTIDENOMINATIONAL VENDING MACHINES VENDING SINGLE OR MULTIPLE STAMPS, TWO CURRENCY COIN CHANGER MACHINES, ONE PARCEL DEPOSITORY UNIT, ONE PARCEL SELF CALCULATING WEIGHT RATE SCALE, ONE LETTER SCALE, AND ONE SET OF INFORMATION AND RATE SIGNS. IN ADDITION, THE CORE SERVES AS A RECEPTACLE FOR PACKAGES. ALSO, EACH UNIT WILL HAVE TWO NEWLY DESIGNED STREET LETTER BOXES. THE TOTAL COST OF THE ABOVE EQUIPMENT IS $7,040 AND THE CORE OF THE UNIT HERE IN QUESTION IS REPORTED TO COST SLIGHTLY LESS THAN THE COST OF THE EQUIPMENT.

IN URGING THAT THE UNIT IS NOT A BUILDING WITHIN THE MEANING OF 41 U.S.C. 12, IT IS POINTED OUT THAT IT WILL HAVE NO WALLS ENCLOSING IT, THE PURPOSE OF THE CORE BEING TO SUPPORT AND DISPLAY THE EQUIPMENT AND TO SERVE AS A RECEPTACLE FOR PACKAGES; IT WILL HAVE NO HEAT OR PLUMBING; AND IT CAN BE FOLDED UP AND REMOVED FROM THE PREMISES IN A MATTER OF HOURS AND SHIFTED FROM PLACE TO PLACE WITH NO DAMAGE TO THE UNIT AND EQUIPMENT.

WE AGREE THAT A UNIT, SUCH AS DESCRIBED ABOVE, HAVING NONE OF THE ATTRIBUTES AND CHARACTERISTICS GENERALLY ASSOCIATED WITH BUILDINGS USED FOR SHELTER OR STORAGE, OR WAREHOUSES, OF OFFICES, AND WHICH DOES NOT RESEMBLE A BUILDING IN THE ORDINARY SENSE, DOES NOT CONSTITUTE A BUILDING WITHIN THE MEANINGS OF 41 U.S.C. 12.

THE QUESTION WHETHER THE UNIT IS A PUBLIC IMPROVEMENT, HOWEVER, IS NOT ENTIRELY FREE FROM DOUBT. WHEREAS THE TERM "BUILDING" HAS A GENERALLY RECOGNIZED MEANING AND INSTANTLY CALLS TO MIND STRUCTURE OF SOME KIND HAVING WALLS AND A ROOF, THE TERM "IMPROVEMENT" CREATES NO SPECIFIC IMAGE IN THE MIND SINCE ALMOST ANY ITEM OF PROPERTY CAN BE IMPROVED UPON. HOWEVER, THE LEGISLATIVE HISTORY OF THIS PROVISION DISCLOSES THAT THE TERM "IMPROVEMENT" WAS USED PRIMARILY WITH REFERENCE TO REAL PROPERTY. SEE 38 COMP. GEN. 758, 762. WHILE THE UNIT HEREIN CONSIDERED COULD BE CONSTRUED TO BE AN IMPROVEMENT IN THE BROAD SENSE OF THAT TERM, IT IS, IF ANYTHING, AN IMPROVEMENT TO THE EQUIPMENT ITSELF RATHER THAN AN IMPROVEMENT TO ANY LAND OR BUILDINGS. CONSEQUENTLY, WE ARE INCLINED TO AGREE WITH THE VIEWS OF YOUR DEPARTMENT THAT THE UNIT, WHEN COMPLETED WITH ALL EQUIPMENT IN PLACE WILL CONSTITUTE A COMPLEX, VERSATILE MACHINE SO THAT THE CORE, WHICH PROVIDES SUPPORT AND SECURITY PROTECTION FOR THE SPECIALIZED OPERATING EQUIPMENT, CAN BE CONSIDERED AS BEING AN INTEGRAL COMPONENT THEREOF. CF. 39 COMP. GEN. 822. ACCORDINGLY, AND CONSIDERING ITS FLEXIBLE CHARACTERISTICS, YOU ARE ADVISED THAT WE DO NOT REGARD THE UNIT HERE IN QUESTION AS CONSTITUTING A PUBLIC BUILDING OR A PUBLIC IMPROVEMENT WITHIN THE PURVIEW OF 41 U.S.C. 12.