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concerned with m i l i t a r y construction a c t i v i t i e s includes the following (1) Davis-Bacon Act (40USC 276) Hiis act has p r i n c i p a l a p p l i c a b i l i t y f o r wage and price determinations (2) M i l l e r Act (40USC 270) This l e g i s l a t i o n concerns performance bonds and contract award and monitoring procedures (3) Architect-Engineer Act o f 1939 (lOUSC 7212) This l e g i s l a t i o n , enacted under public law 87-653 and further incorporated by ASPR, concerns selection procedures f o r government acquisition of architect-engineer services (4) Walsh-Healy Act This statute concerns the commonly termed "buy American'* clauses which require government contractors t o u t i l i z e materials made wi t h i n the United States or i t s t e r r i t o r i a l possessions (5) Public Law 90-408 This public law includes provisions f o r a 10% contingency fund allowable i n program cost estimates niese c r i t e r i a are currently reflected m Bureau of the Budget's c i r c u l a r A-11 ' (6) Construction Manual 4270 IM This Department of Defense manual promulgates guidelines f o r new construction and i d e n t i f i e s c e i l i n g l i m i t a t i o n s f o r f a c i l i t i e s sizes, applications, and u t i l i z a t i o n s (7) M i l i t a r y Construction Appropriation Act Together with planning funds authorized by 31USC 723 and l i m i t e d by 10 use 7212 constraining construction and design agent fees, the annual m i l i t a r y appropriation act presents the annual Con- gressional approval of m i l i t a r y construction expenditures c Each year, by executive order of the President, Department of Defense ci r c u l a r s , i n s t r u c t i o n s , directives, or manuals, additional con- s t r a i n t s and restr a i n t s l i m i t theServi^ce*s m i l i t a r y construction and management a c t i v i t i e s These documents are intended t o cover contingent conditions arisi n g throughout the planning, programing, budgeting, and execution cycles of m i l i t a r y construction a c t i v i t i e s 8 Congressional Involvement The Senate Committee on Armed Services has 18 members "Hie Subcommittee on M i l i t a r y Construction of the Senate Committee on Armed Services has 7 members The Armed Services Committee of the House of Representatives has 41 meinbers, the House Subcommittee on M i l i t a r y Construction has 12 members Hie Senate Appropriations Committee has 24 members, the Senate Subcommittee on M i l i t a r y Construction of the Committee on Appropriations has 12 members The House of Representatives Committee on Appropriations has SO members, while the House Subcommittee on M i l i t a r y Construction of the House Appropriations Committee has 7 members Beginning shortly a f t e r the President's January budget message, these com- mittees and subcommittees, either independently or ;j o i n t l y , i n i t i a t e hearings on the M i l i t a r y Construction Program to be undertaken during the f i s c a l year s t a r t i n g i n July, 6 months hence The committees and subcommittees receive f u l l testimony and j u s t i f i c a t i o n from service representatives and other w i t - nesses, both via documentary evidence and personal appearances, f o r each Item contained withm the M i l i t a r y Construction Program under question 20
Congressional involvement usually teiminates i n autumn (but often l a t e r ) with passage of a m i l i t a i y construction b i l l f o r the f i s c a l year that began i n July of the current year That Congress scrutinizes the M i l i t a r y Construction Program i n much d e t a i l can be judged by the fact that each item i n the Ì f l l l t a r y Construction Program I S considered and authorized separately and funds are appropriated considering each single l i n e item Forty-four pages o f sp e c i f i c l i n e item authorization appear m the f i s c a l year 1970 j o i n t hearings regarding m i l i t a r y construction, with 20 additional pages d e t a i l i n g constraints and amendments to statutory regulations f o r acqiusition o f f a c i l i t i e s The summary p r i n t i n g o f these j o i n t hearings consumes 636 pages of testimony A t o t a l of 53 ind i v i d u a l statements and testimony from witnesses was ireceived and presented to t h i s j o i n t hearing I t I S evident that there i s heavy Congressional involvement with m i l i t a r y construction, both m authorization and appropriation Taken d i r e c t l y from pages 484 and 485 o f the M i l i t a r y Construction Authorization Joint Hearings f o r 1970 i s the following exchange between Senator Mansfield, Senator Cannon, and Mr Fliakas o f the Department of Defense I t i s given here to convey the depth and breadth of examination by members of Congress of m i l i t a r y construction-related spending Senator Mansfield i n i t i a t e s the conversation SECTION 514 Under eeotton 514, you are requeatvng $2,270,800 to renovate end repatr 163 umts of houBvng, eadi of whvdi exceeds $10,000 per umt, and I hetveve vt would he a good zdea to attenpt to QUBtvfy eaah of these projeata for us Some aeem to be exoxbvtant For exairple, you propose to spend $20,000 each on three umts at -the naval Station at Norfolk, $20,000 each on four umts at the Mcanne Barraoks vn -the Dtstrvot of Coluniyia, and $50,000 eadi on 5 umts at Fort MoNazr I understand thts zs oust the begtnmng at Fort IteNair, as there are 15 of these eaapenszve renovatvons planned at the post Keeptng vn mind that you nou> spend only a $35,000 maximum for a new house, haw can you possibly ou8t%fy these expensvve renovattons, eepeotally on quarters that are over 60 years old"* Mr FLIAKAS I would Itke to address the overall improvement program first We have an outstanding deficit or backlog valued at over $380 mtlHon %n our inventory As xfou know, sir, we have over 350,000 umts in the inventory Many of these were acquired many years ago, and other than routine maintenance, an extensive improvement program or modernization program has not been made We need to provide a mod- ernisation program has not been made We need to provide a moderniza- tion program that would bring these up to our current standards We only have a total of $14 5 million vn this year's program to acconplish these alterations or improvements We really need much more As for the umts that exceed the statutory limitation of $10,000, these 21
are each mvque, and I ocn fumueh for you a 3ii8t%fi,oatton for eoefe of them, desonbing the work to be done and the oondttion of those umt8 Senator MANSFIELD I wtah you would do i^at, and vn aome detatl Mr FLIAKAS Yee, ezr (The %nformat%on requested followa ) Redatone Areenalj Alcbama âConatruat additional bedroom wtth bath and aaaonpHah mtnor vntertor alterations vn order that one Field Grade Officer lotit nay be made auvtdble for oooupancy by a General Officer Pitzavmona General Eoapvtal, Colorado âConvert 44, two-bedroom enlisted umts into 22, four-bedroom units Such units are nonexistent on post and a antiocCL shortage exists in the aoimtunity Fort MciNa:ir, Washington, D C âModernize interiors, eleotnaal and plunbing systems, and install air oonditioning in five General Officer quarters constructed in 1903 in order to elvmnabe obsolescence atd provide for occupant comfort as well as the comfort of guests during social activities U S M A West Point, New York âModernize interiors, electrical, plurbing and heating systems in 39 umts constructed during the period 1895-1947 in order that obsolescence may be eliminated Naval Station, Adak, Alaska âConstruct additional bedroom and bath in each of 20 enlisted units to alleviate critical shortage of 4-bedroom housing umts Marine Base, Washington, D C âInstall central heat and air conditioning and inproved kitchens md baths in each of 4 units to endble Marine Cox^ps Comnandant's staff to cany out obligations more adequately in these 60-year-old units Marine Corps Recruit Depot, Pams Island, South Carolina âInstall central air conditioning in Comnanding General's quarters for the benefit of the occupants as well as for guests during i^e discharge of social obligations Public Works Center, Norfolk, Virginia âAdd master bedroom mi^ bath, increase size of kitchen and dining areas and provide central air conditioning in 3 units in order that they mm be made sviitcble for Flag Officer occupancy Senator CANNON Mr Chairman, will you yield'' Senator MANSFIELD Yes Senator CANNON I would oust like to comment You know we went through this exercise with them once about spending a lot more for remodeling in the 7tetgtooa*ood of 400 percent more or thereabouts, than they could spend on new units, and we put those limits in there for a purpose, and I think that we ou^t to have sons strong jmtification before we pemnt them to go over I3ie limit on remodeling amounts, particularly where it 18 an amount that is far in excess of what would be spent on a conplete new unit 22