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B-114839 1 (1979-04-27)

handle is hein.gao/gaobadheb0001 and id is 1 raw text is: THE COIPTROLLEA GENERAL DECISION . OF THE UNITED STATES VV A/ IASHINGTON 0 C 20548 FILE: B-114839 DATE:st A r r MATTER OF: Tranafer of Power Plant by Department of the Army to Panama Canal Compan DIGEST: 1. Where the Army and Panama Canal Company cannot agree on the transfer value of a power plant proposed to be transferred from the Army to the Company under section 372, title II, Canal Zone Code, no transfer can take place. The General Accounting Office has no authority to adjudicate the appropriate transfer price. 2. Use agreement giving Panama Canal Company authority to use, operate and maintain Army power plant pending agreement on terms of proposed transfer of ownership, provides no basis for Army to reimburse Company for cost incurred by Company for replacement power due to generator failure since Company purchased replace- ment power to meet contract obligations to supply electricity and not to meet obligations arising out of use agreement. The Chief of Engineers, Department of the Army, has requested our advice concerning the terms of a proposed transfer from the Army Corps of Engineers (Army) to the Panama Canal Company (Company), of a 33 megawatt power plant located at Fort Clayton, Miraflores, Panama Canal Zone. Transfer of the power plant on a reimbursable basis is said to have been directed by the Senate Appropriations Committee. The Army refers to Senate Report No. 91-1118 (1970), where it is stated that - - b * ** the Army is financing a 33 MW powerplant which will operate as part of the Panama Canal Company's system. The introduction of such an element in the Company's system appears to be a cumbersome procedure that will almost certainly reduce efficiency and increase the costs borne by the U. S. taxpayer. Legislation enacted by the Congress soon after reorganization of the Panama Canal Company provides for transfer of property to the Panama Canal Company by other Government agencies in the interest of economy and

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