RELATIONSHIPS WITH THE NATIONAL CAPITAL PLANNING COMMISSION (NCPC)

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP86-01019R000200110019-2
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 2
• Document Creation Date: December 9, 2016
• Document Release Date: September 8, 2000
• Sequence Number: 19
• Publication Date: August 10, 1972
• Content Type: MF

*OGC Has Reviewed*
Approved For Rele 2001/09/04: CIA-RDP86 -01019R0OW00110019-
OGC 72-1176
10 August 1972
MEMORANDUM FOR: Deputy Director for Support
SUBJECT: Relationships with the National Capital
Planning Commission (NCPC)
1. You have requested this office to consider whether
it is necessary for the Agency to comply with the laws and
regulations pertaining to NCPC in connection with the proposed
construction of a garage in. the Headquarters area.
2. An argument can be made that are are not bound by
law so to comply, but I am of the opinion that such an argument
should not be advanced on the basis of legal technicalities for
the following reasons.
Approved For Release 2001/09/04: CIA-RDP86-01019R000200110019-2
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4. Since we are not otherwise exempted from the laws
setting forth the functions of the NCPC, and our situation in
regard to construction at Headquarters does not differ from
that of other departments and agencies, we would at least not
have the support of the Comptroller General in asserting
exemption on the basis of our funds authorities. I think the
natural result might well be a feeling in Congress, particularly
in our own subcommittees, that this was not a proper exercise
of those authorities.
5. The other basis for arguing that we need not comply
with the NCPC requirements lies in the language of the NCPC
statute, which provides in part, "After such consultation and
suitable consideration of the views of the Commission the agency
may proceed to take action in accordance with its legal responsi-
bilities and authority. " Technically, we could take the position
that we have had adequate consultation and can, therefore, proceed
without further compliance with the regulations. Undoubtedly, this
would antagonize the NCPC and all those who support its functions,
whereas it is my understanding that the Commission and its staff
have been cooperative and helpful. Furthermore, if we can get
its support for a master plan, however speculative, this would
be helpful if there are attempts by other potential users to have
us surrender land in the Headquarters area, which we may need
for future development.
6. This is a situation where it seems clearly advantageous
to work with the system and where a contrary course would bring
additional publicity and criticism on the Agency. On the same .
reasoning, it would appear to be highly desirable to continue with
the construction in cooperation with the General Services Admin-
istration on the normal procedure of advertising, bid, and award.
No aspect of this construction proposal appears to justify negotiated
or sole-source contracts. Also, if and when the almost inevitable
environmental question is raised, GSA and NCPC will be in the
forefront rather than this Agency.
cc: D/Logistics
D / Financ e
Assoc Gen Coun-
LAWRENCE R. HOUSTON
General Counsel
Approved For Release 2001/09/04: CIA-RDP86-01019R000200110019-2