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B-324781 1 (2013-12-17)

handle is hein.gao/gaobadpyg0001 and id is 1 raw text is: 



AComptroller General
                  U.S. GOVERNMENT ACCOUNTABILITY OFFICE     of the United States
United States Government Accountability Office
Washington, DC 20548



         Decision


         Matter of: Department of the Army, Aberdeen Proving Ground-Use of
                     Appropriated Funds for Bottled Water

         File:       B-324781

         Date:       December 17, 2013

         DIGEST

         Department of the Army appropriations are available to purchase bottled water to be
         made available to the occupants of a number of buildings located on the Aberdeen
         Proving Ground. The agency has determined that the buildings fail to comply with
         occupational safety and health standards concerning the provision of potable water
         in places of employment. The agency may similarly use appropriated funds to
         purchase bottled water for use in response to legitimately anticipated dangers and
         exigencies.

         DECISION

         A certifying officer of the Department of the Army has requested our decision under
         31 U.S.C. § 3529 regarding the use of appropriated funds to purchase bottled water,
         water coolers, and cups to be made available at a number of buildings located on
         U.S. Army Aberdeen Proving Ground (APG). The certifying officer has also asked if
         appropriations may be used to purchase bottled water to be stored for emergency
         use. Memorandum from Chief, Resource Management Office, APG, to the General
         Counsel, GAO, Request for Legal Decision Regarding US Army Garrison (USAG)
         APG Contract to Purchase Bottled Water (May 1, 2013) (Request Letter), at 3. As
         we explain below, we conclude that APG may use appropriated funds to purchase
         bottled water, water coolers, and cups for use at the specified locations, and to
         purchase bottled water for use in response to legitimately anticipated dangers and
         exigencies.

         1 Our practice when rendering decisions is to obtain the views of the relevant agency
         to establish a factual record and the agency's legal position on the subject matter of
         the request. GAO, Procedures and Practices for Legal Decisions and Opinions,
         GAO-06-1064SP (Washington, D.C.: Sept. 2006), available at
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