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B-202121 1 (1986-12-29)

handle is hein.gao/gaobadmol0001 and id is 1 raw text is: The Comptroller General of the United States Washington, D.C. 20548 UDecision Matterof- Propriety of Entering into Certain Housing Agreements with the Federal Republic of Germany File: B-202121 Date: December 29, 1986 DIGEST The Air Force may enter into agreements with the Federal Republic of Germany without a proviso specifically limiting yearly payments for rent, utilities, maintenance and opera- tion per family housing unit to $16,800, the maximum amount currently provided by law, since estimated costs are well within the statutory limit, and in light of other provisions in the lease which provide a safeguard against exceeding the limit in any event. DECISION The Department of the Air Force asks about the propriety of entering into two agreements with the Federal Republic of Germany (FRG) without inclusion of a proviso limiting the maximum yearly expenditure per family unit for rent, utili- ties, maintenance and operation to $16,800, the amount prescribed by law. 10 U.S.C. § 2828(e)(1).I/ For the reasons given below, under the circumstances described the Air Force can enter into these agreements. BACKGROUND For over a year the Air Force has been negotiating with the FRG about the terms and conditions of several build-to-lease housing projects at Spangdahlem and Zweibrucken Air Bases in Germany. The agreements with the FRG are in the form of Real Property Obligation Documents. The Air Force states that a supplementary agreement to the NATO Status of Forces Agreement requires the FRG to enter into the actual leases. 1/ At the time of the Air Force submission, the maximum annual expenditure for rental housing was set each year in the Military Construction Authorization Act. The Military Construction Authorization Act, 1987, however, codified the $16,800 maximum. Pub. L. No. 99-661, § 2702(e), 99 Stat. (November 14, 1986).

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