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B-275669.2 1 (1997-07-30)

handle is hein.gao/gaocrptafvc0001 and id is 1 raw text is: &vJTI? 416728 Comptroller General of the United States Washington, D.C. 20548 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 DIGEST 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. Bac kgro und 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. §§ 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