[Claim for Expenses Related to Temporary Assignment]

An advance decision was requested concerning whether the Forest Service may certify for payment a voucher to a university for expenses related to the work of a university employee who was on temporary assignment to the agency under the Intergovernmental Personnel Act (IPA). Where an assignment is by detail, an employee is not entitled to be paid by the Government except to the extent that the employee's State Government pay is less than the duties would warrant under direct Federal employment, and the employee is only considered a Federal employee for a limited number of specifically enumerated purposes. Reimbursement of certain travel expenses are also allowed. The Federal agency, the State, and the employee enter into a written agreement under the IPA, recording the obligations and responsibilities of the parties. In this case, the agreement provided that the employee would remain at the university during the period of assignment. The voucher in question was for the compensation and travel expenses of persons other than the assignee and for office supplies, computer software, and the rental of an aircraft. GAO was unable to approve a quantum meruit recovery from funds available for IPA expenditures, because it found the commitment by a Government employee to pay for the goods and services to be questionable. The IPA makes no provision for the types of expenses claimed by the university. However, there is nothing to prevent the Forest Service from contracting for the use of the services and facilities under a cooperative agreement, using funds appropriated for its general procurement activities. Since the Government has already received these goods and services without a valid contract, the contracting officer could retroactively ratify the unauthorized commitments. GAO would not question such a determination if the funds were available.