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B-197646 1 (1980-05-29)

handle is hein.gao/gaobadihg0001 and id is 1 raw text is: 




                             THE  COMPTROLLER GENERAL
DECISIOll                    OF   THE UNITED STATES
                             WASHINGTON, D. C. 20548


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OF:  Liability of General Services Administration
     for Cost of Maintaining Excess Real Property
     held by Air Force
1.  General Services Administration (GSA) regulations
    make GSA responsible for cost to agencies of main-
    taining excess real property, beginning one year
    after it becomes excess. FPMR § 101-47 402-2(b).
    Air Force spent $197,546 to maintain property.
    GSA says it is liable to reimburse only $56,000
    because it offered to pay only that amount and
    because it lacked funds to pay more. GSA is lia-
    ble for full amount but we will not require GSA
    to seek deficiency appropriation for intragovern-
    mental payment. GSA should budget for these
    expenses or change its regulation.


          2.  In dispute between General Services Administration
              (GSA) and Air Force over Air Force claim for reim-
              bursement, Air Force withheld Standard Level User
              Charge payment owed to GSA in order to collect un-
              related debt. Inter-agency claims are not to be
              collected by offset but should be submitted to
              GAO for adjudication.


      This is in reference to the dispute between the General
Services Administration.(GSA) and the Air Force (AF) over reimburse-
ment of expenses incurred for the protection and maintenance of two
parcels of Federal excess real property--the Matagorda Island Air
Force Range and the associated Port O'Connor Dock Facility, Calhoun
County, Texas.  As explained below, we agree that GSA should reim-
burse the AF for the balance of the p-rotection and maintenance
costs incurred by AF. However, it would require a deficiency appro-
priation to do so and we see no purpose in requiring this action
under the circumstances. Also, offset by a creditor agency against
a debtor agency is not appropriate. AF should remit the balance
owed to GSA for Standard Level User Charge fees.

     The AF remained in possession of these installations after they
were declared excess to AF requirements, and continued to provide
protection and maintenance services for twelve months, as required
of the holding agency by the terms of the Federal Property Management


: B-197646


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