[Protest of Navy Contract Award for Program Office Assistance]
Highlights
A firm protested a Navy contract award for program office assistance, contending that the Navy: (1) improperly requested that the Small Business Administration determine its eligibility as a small business at the time of award; and (2) should have determined its status when it submitted its initial bid. GAO held that the: (1) Navy properly determined that the protester was not eligible for award, since it was not qualified as a small business at the time of award; and (2) protester misinterpreted the regulations regarding eligibility determinations. Accordingly, the protest was denied.
A-4030, JULY 16, 1924, 4 COMP. GEN. 60
NAVAL RESERVE FORCE - RETIRED PAY - TRANSFERRED MEMBERS OF FLEET NAVAL RESERVE TRANSFERRED MEMBERS OF THE FLEET NAVAL RESERVE AND FLEET MARINE CORPS RESERVE WHO ON OR PRIOR TO JUNE 30, 1922, HAD BEEN PLACED ON THE RETIRED LIST ARE ENTITLED TO RETIRED PAY ON AND AFTER JULY 1, 1922, MADE UP OF THE RETAINER PAY PRESCRIBED BY THE ACT OF JUNE 10, 1922, 42 STAT. 630, AS AMENDED BY SECTION 3 OF THE ACT OF MAY 31, 1924, 43 STAT. 251, PLUS $15.75 ALLOWANCES AS PROVIDED BY THE ACT OF MARCH 2, 1907, 34 STAT. 1217. COMP. GEN. 762, MODIFIED.
DECISION BY ACTING COMPTROLLER GENERAL GINN, JULY 16, 1924:
ALBIN O. SNELL, CHIEF YEOMAN, UNITED STATES NAVY, RETIRED, APPLIED NOVEMBER 23, 1923, FOR REVIEW OF SETTLEMENT NO. M-100248-N, DATED NOVEMBER 17, 1923, DISALLOWING HIS CLAIM FOR ARREARS OF RETIRED PAY SINCE JULY 1, 1922.
CLAIMANT WAS TRANSFERRED TO THE FLEET NAVAL RESERVE JANUARY 12, 1917, AND RETIRED JANUARY 7, 1921, AFTER 30 YEARS' SERVICE. HIS CLAIM IS FOR RETIRED PAY AS PROVIDED UNDER SECTION 10 OF THE ACT OF JUNE 10, 1922, 42 STAT. 630, WHICH PROVIDES THAT---
* * * ON AND AFTER JULY 1, 1922, RETIRED ENLISTED MEN OF THE NAVY AND COAST GUARD SHALL HAVE THEIR RETIRED PAY COMPUTED AS NOW AUTHORIZED BY LAW ON THE BASIS OF PAY PROVIDED BY THIS ACT.
CLAIMANT WAS RETIRED UNDER PROVISIONS OF THE ACT OF AUGUST 29, 1916, 39 STAT. 591, WHICH AUTHORIZES THE RETIREMENT OF TRANSFERRED MEMBERS OF THE FLEET NAVAL RESERVE AS FOLLOWS:
* * * THEY MAY, UPON THEIR OWN REQUEST, UPON COMPLETING THIRTY YEARS' SERVICE, INCLUDING NAVAL AND FLEET NAVAL RESERVE SERVICE, BE PLACED ON THE RETIRED LIST OF THE NAVY WITH THE PAY THEY WERE THEN RECEIVING PLUS THE ALLOWANCES TO WHICH ENLISTED MEN OF THE SAME RATING ARE ENTITLED ON RETIREMENT AFTER THIRTY YEARS' NAVAL SERVICE.
UNDER THE PROVISIONS OF SECTION 10 OF THE ACT OF JUNE 10, 1922, ENLISTED MEN OF THE NAVY PLACED ON THE RETIRED LIST PRIOR TO JULY 1, 1922, SHALL FROM AND AFTER THAT DATE HAVE THEIR RETIRED PAY COMPUTED ON THE BASIS OF THE RATES OF PAY PRESCRIBED IN SAID SECTION UNLESS SUCH RETIRED PAY IS LESS THAN THAT TO WHICH THEY WERE ENTITLED PRIOR TO JULY 1, 1922, IN WHICH CASE THEY SHALL RETAIN THE HIGHER RATE. 2 COMP. GEN. 153.
THE LAW GOVERNING RETIREMENT OF ENLISTED MEN OF THE NAVY IS THE ACT OF MARCH 3, 1899, 30 STAT. 1008, AS AMENDED BY THE ACT OF MARCH 2, 1907, 34 STAT. 1217, WHICH PROVIDES:
THAT WHEN AN ENLISTED MAN SHALL HAVE SERVED THIRTY YEARS EITHER IN THE ARMY, NAVY, OR MARINE CORPS, OR IN ALL, HE SHALL UPON MAKING APPLICATION TO THE PRESIDENT, BE PLACED UPON THE RETIRED LIST, WITH SEVENTY-FIVE PERCENTUM OF THE PAY AND ALLOWANCES HE MAY THEN BE IN RECEIPT OF, AND THAT SAID ALLOWANCES SHALL BE AS FOLLOWS: NINE DOLLARS TWENTY-FIVE CENTS PER MONTH IN LIEU OF QUARTERS, FUEL, AND LIGHT: PROVIDED, THAT IN COMPUTING THE NECESSARY THIRTY YEARS' TIME ALL SERVICE IN THE ARMY, NAVY, AND MARINE CORPS SHALL BE CREDITED.
SECTION 3 OF THE ACT OF MAY 31, 1924, 43 STAT. 251, AMENDING SECTION 10 OF THE ACT OF JUNE 10, 1922, 42 STAT. 630, RETROACTIVELY TO JULY 1, 1922, PROVIDES:
THE RETAINER PAY OF ALL MEN WHO WERE ON THAT DAY TRANSFERRED MEMBERS OF THE FLEET NAVAL RESERVE OR THE FLEET MARINE CORPS RESERVE SHALL BE COMPUTED ON THE RATE OF PAY AUTHORIZED FOR ENLISTED MEN OF THE NAVAL SERVICE BY THE ACT APPROVED JUNE 10, 1922: PROVIDED, THAT THE RETAINER PAY OF SUCH RESERVISTS SHALL BE NOT LESS THAN THAT TO WHICH THEY WERE ENTITLED ON JUNE 30, 1922, UNDER DECISIONS OF THE COMPTROLLER OF THE TREASURY IN FORCE ON THAT DATE.
THE LANGUAGE OF THIS PROVISION INCLUDES TRANSFERRED MEMBERS OF THE FLEET NAVAL RESERVE OR FLEET MARINE CORPS RESERVE WHO PRIOR TO ITS ENACTMENT HAD BEEN PLACED ON THE RETIRED LIST PURSUANT TO THE ACT OF AUGUST 29, 1916, AND THEIR PAY ACCOUNTS SHOULD BE ADJUSTED ACCORDINGLY. THE ACT OF MAY 31, 1924, NECESSITATES A MODIFICATION OF DECISION OF MAY 21, 1923, 2 COMP. GEN. 762.
FROM DATE OF RETIREMENT TO JUNE 30, 1922, CLAIMANT RECEIVED RETIRED PAY AT $80.90 PER MONTH, CONSISTING OF RETAINER PAY AT DATE OF RETIREMENT, $65.15, AND $15.75 ALLOWANCES. UNDER THE ACT OF JUNE 10, 1922, HE IS ENTITLED TO RETIRED PAY MADE UP OF RETAINER PAY BASED ON THE RATINGS PRESCRIBED FOR ENLISTED MEN THEREIN, PLUS $15.75 ALLOWANCES, AS PROVIDED IN THE ACT OF MARCH 2, 1907. THE RATE OF BASE PAY PROVIDED FOR CHIEF YEOMAN IN THE ACT OF JUNE 10, 1922, IS $126, AND THE PERMANENT ADDITIONS ATTACHING THERETO IN CASE OF A MAN WITH CLAIMANT'S LENGTH OF SERVICE IS 25 PERCENT THEREOF, OR $31.50. ACCORDINGLY, HIS RETIRED PAY UNDER THAT ACT IS ONE-HALF BASE PAY (ONE HALF OF $126), $63, PLUS PERMANENT ADDITIONS, $31.50, PLUS ALLOWANCES, $15.75, OR $110.25 PER MONTH. FOR THE PERIOD JULY 1, 1922, TO SEPTEMBER 30, 1923, ONE YEAR AND THREE MONTHS, HE IS ENTITLED TO DIFFERENCE BETWEEN PAY AT $110.25 AND PAY RECEIVED AT $80.90 PER MONTH, AMOUNTING TO $440.25.
UPON REVIEW THE SETTLEMENT IS MODIFIED AND $440.25 CERTIFIED DUE CLAIMANT.