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B-198629 1 (1980-07-28)

handle is hein.gao/gaobadilj0001 and id is 1 raw text is: *~O &n C C0 ~SOS A14% \THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WAS.HINGTON. 0. C. 20548 1911629* FILE: B-198629 DATE: July 28, 1980 ATTER OF: Improvements to Private Property 4nder stider- 322 of the Economy Act of 1932, as amended, 40 U.S.C. § 278a. DIGEST: 1. While as a general policy rule, appropriated funds are not available for improvement of private property, Government is authorized by 40 U.S.C. § 278a to expend up to 25 percent of the first year rent for Parklawn facility for repairs, alterations or improvements to the facility, including installation of high- intensity lights on the north parking lot. 2. If installation of high-intensity lights at Parklawn facility could be shown to contribute to economy or efficiency of Government, the Administrator of General Services is authorized to waive 25 percent limitation on improvemTents to leased property altogether provided total cost (rentals, repairs, alterations, and improve- ments) to Government for expected life of the lease is less than cost of alternative space which needs no repairs, alterations or improve- ments. 40 U.S.C. § 490(a)(8). 3. Possible legal liability of United States to employees for injury caused by inadequate lighting on north parking lot of Parklawn facility is not alone a basis under 40 U.S.C. SS 278a and 490(a)(8) for authorizing expendi- ture of appropriated funds for installation of high-intensity lights on property leased to the Government. The Chief Security Officer, Public Health Service (PHS), Depart- ment of Health and Human Services (formerly Health, Education and Welfare) asks whether the Economy Act of 1932 as amended, 40 U.S.C. § 278a, prohibits the Government from paying for the installation of high-intensity lights on the Parklawn Office Building's north parking lot as a safety measure. He also asks whether the Government would be liable if someone were injured as a result of inadequate lighting in the parking lot. The Parklawn facility is leased by the General Services Adminis- tration (GSA) to house various Federal agencies. As a result of three attempted assaults on women in the north parking lot, the National Rape Center recommended the installation of high-intensity lights.

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