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B-239520 1 (1990-08-16)

handle is hein.gao/gaobadnty0001 and id is 1 raw text is: 


Comptroller General
of the Unitd States
WashingtDn, D.C. 2054

Decision


Matter Of:     Federal Aviation Administration - Permanent

                Improvements to a Leasehold

File:          B-239520

Date:          August 16, 1990

DIGEST

The Federal Aviation Administration may award a contract for
permanent improvements to a leasehold because Congress has
specifically appropriated money for the alterations. The
appropriation is thus available despite the policy prohibi-
tion against government improvements to privately-owned
property.

DECISION

The Assistant Chief Counsel, Procurement Legal Division,
Federal Aviation Administration (FAA), Washington, D.C., asks
whether FAA may award a contract for permanent improvements to
a leasehold. For the reasons indicated below, FAA may award
the contract.

BACKGROUND

The Federal Aviation Administration's Mike Monroney
Aeronautical Center (the Center), located at Oklahoma City,
consists of several FAA facilities including the FAA Academy,
the FAA Depot, the Civil Aeromedical Institute, and the
Aviation Standards National Field Office. These facilities
have been leased by FAA from the Oklahoma City Airport Trust,
a public body, until the year 2009 with options to further
lease existing as well as additional space. FAA states that
[t]here is every expectation that the lease(s) will be
renewed and that it is the Government's present plan to
remain at the Aeronautical Center well into the 21st
Century.1/

In carrying out its activities, the Center generates a
variety of sanitary and industrial wastes. For example,
hazardous wastes are generated by the FAA Depot in
fabricating, modifying, or repairing ground facility


1/ The Administrator of General Services delegated
authority under 40 U.S.C. § 486 to the Department of
Transportation for the operation of the Center.



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