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B-288828 1 (2002-10-03)

handle is hein.gao/gaocrptaobm0001 and id is 1 raw text is: 




          G    A     0                                                Comptroller General
Accountability * Integrity* Reliability                                of the United States
United States General Accounting Office
Washington, DC 20548




          Decision


          Matter of: Purchase of Insulated Coveralls, Vicksburg, Mississippi

          File:        B-288828

          Date:        October 3, 2002

          DIGEST

          Absent statutory authority, items of wearing apparel are the employee's personal
          responsibility, and not the government's, and appropriated funds are not available
          for their purchase. Our Office has recognized three statutes that permit the purchase
          of wearing apparel. The purchase of insulated coveralls for use by employees at the
          Corps of Engineers' Vicksburg Waterways Experiment Station when outside
          temperatures approach freezing is not authorized by any of these three statutes, and
          consequently is not a proper use of appropriated funds.

          DECISION

          The Deputy Director of Finance, United States Army Corps of Engineers, has
          requested an advance decision on whether it is proper to use appropriated funds for
          the purchase of insulated coveralls for employees to wear when outside
          temperatures fall below 35 degrees. Generally, it is the responsibility of the
          employee to report to duty properly clad to carry out his responsibilities. B-123223,
          June 22, 1955. There are three statutes, however, that permit agencies, in varying
          circumstances, to use appropriated funds to purchase clothing and other wearing
          apparel. None of these three authorities is available to the Corps to purchase
          insulated coveralls in the circumstances presented to us by the Deputy Director. We
          address each of the three statutes in our analysis below.

          BACKGROUND

          The United States Army Engineer Research and Development Center (ERDC), Corps
          of Engineers, Vicksburg, Mississippi, entered into an agreement with Local 3310 of
          the American Federation of Government Employees that would require ERDC to
          purchase and supply insulated coveralls to employees at the Vicksburg Waterways
          Experiment Station who work outside when temperatures drop below 35 degrees,
          including periods when the wind chill factor is below 35 degrees. The coveralls

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