American Battle Monuments Commission-Contracting with, B-

B-275669.2 Jul 30, 1997 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights All such funds are considered appropriated funds. The Commission is required to follow the procedures prescribed by the Federal Property and Administrative Procedures Act and the Federal Acquisition Regulation otherwise applicable to federal contracting since neither Pub. The Commission is required to comply with the FPASA and the implementing Federal Acquisition Regulation (FAR) in contracting for the memorial with donated funds. The expenditures from both sources ordinarily are viewed as appropriated fund expenditures subject to the statutes and regulations applicable to such expenditures. We concluded that the Columbus Commission and the Holocaust Council did not have to follow the FPASA and the FAR when financing their contracts with donated funds. View Decision Matter of: American Battle Monuments Commission-Contracting with Donated Funds for World War II Armed Forces Memorial File: B-275669.2 Date: July 30, 1997 Pub. L. No. 103-32 establishes a special fund in the Treasury to be available to the American Battle Monuments Commission for establishing World War II Memorial. The law also authorizes the Commission to accept private donations for the memorial and requires that the donations, along with other funds available for the memorial, be deposited in and invested by the Treasury. All such funds are considered appropriated funds. In contracting with these funds, including the donated funds, the Commission is required to follow the procedures prescribed by the Federal Property and Administrative Procedures Act and the Federal Acquisition Regulation otherwise applicable to federal contracting since neither Pub. L. No. 103-32 nor its legislative history indicate an intention that the Commission be exempt from such requirements. 68 Comp.Gen. 237 (1989), and B-211149, Dec. 12, 1985, distinguished. DECISION This responds to a request from the Secretary of the American Battle Monuments Commission asking whether the Commission must comply with the Federal Property and Administrative Services Act (FPASA) and the regulations implementing that statute when using donated funds to support contracts for the construction of a World War II Memorial pursuant to Pub. L. No. 103-32, 107 Stat. 90 (1993). As explained below, the Commission is required to comply with the FPASA and the implementing Federal Acquisition Regulation (FAR) in contracting for the memorial with donated funds. Background Sections 1(b) and (c) of Pub. L. No. 103-32 require the Commission to establish the World War II Memorial in compliance with 40 U.S.C. Secs. 1001-1010, establishing standards for commemorative works in the District of Columbia, and to provide for accessibility by and accommodation for the physically handicapped. Section 3 of Pub. L. No. 103-32 authorizes the Commission to solicit and accept private contributions for the memorial. This law does not refer to the FPASA or otherwise state the requirements applicable to Commission contracts for the memorial. The Commission recognizes that when a federal entity expends both appropriated and donated funds to accomplish a statutory purpose, the expenditures from both sources ordinarily are viewed as appropriated fund expenditures subject to the statutes and regulations applicable to such expenditures, such as the FPASA. 68 Comp.Gen. 237, 238 (1989). The Commission points out, however, that in 68 Comp.Gen. 237, concerning the Christopher Columbus Quincentenary Jubilee Commission, and B-211149, Dec. 12, 1985, concerning the Holocaust Memorial Council, we concluded that the Columbus Commission and the Holocaust Council did not have to follow the FPASA and the FAR when financing their contracts with donated funds. The Commission asks whether it must comply with the FPASA and the FAR when contracting with funds donated under Pub. L. No. 103-32. Analysis The American Battle Monuments Commission, originally established in 1923, has various responsibilities related to the design, construction, and maintenance of military cemeteries and memorials, primarily outside the continental United States. [1] The Commission's request concerns the additional responsibilities Congress more recently assigned the Commission under Pub. L. No. 103-32 to establish a World War II Memorial in the District of Columbia or its environs. Section 3 of Pub. L. No. 103-32 provides that the Commission shall solicit and accept private contributions for the memorial. Section 4 creates a fund in the Treasury available to the Commission for the expenses of establishing the memorial. The private contributions, as well as surcharges paid to the Commission for the memorial under the World War II 50th Anniversary Commemorative Coins Act, are required to be deposited in the fund.