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B-134540, FEB. 21, 1958

B-134540 Feb 21, 1958
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WERE DRAFTED WITH THE COOPERATION OF THE DEPARTMENTS AND AGENCIES OF THE GOVERNMENT. AS WELL AS THE TRANSPORTATION INDUSTRY AND WERE PROMULGATED BY US AS BEING IN THE BEST INTERESTS OF THE GOVERNMENT. IT WAS FOUND NECESSARY FOR THE DUE PROTECTION OF THE GOVERNMENT AND THE APPROPRIATIONS OF PUBLIC MONIES. THE GOVERNMENT'S INTEREST IS PARAMOUNT.

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B-134540, FEB. 21, 1958

TO MR. G. C. BURBANK, TRAVEL AGENT:

CONSIDERATION HAS BEEN GIVEN YOUR LETTER OF JANUARY 28, 1958, PROTESTING THE REQUIREMENT IN TITLE 5 OF THE GENERAL ACCOUNTING OFFICE POLICY AND PROCEDURES MANUAL FOR GUIDANCE OF FEDERAL AGENCIES (WHICH CONTAINS A CODIFICATION OF OUR GENERAL REGULATIONS) THAT DEPARTMENTS AND AGENCIES OF THE GOVERNMENT PROCURE PASSENGER TRANSPORTATION SERVICES, GENERALLY, DIRECTLY FROM CARRIERS RATHER THAN THROUGH THE UTILIZATION OF TRAVEL AGENCIES. WE PREVIOUSLY DISCUSSED YOUR PROTEST TO THAT REQUIREMENT IN OUR LETTER OF DECEMBER 19, 1957, TO SENATOR THOMAS W. KUCHEL, AND IN OUR LETTER OF JANUARY 23, 1958, TO YOU.

WE MENTIONED IN OUR PREVIOUS LETTERS THAT THE REGULATIONS, INCLUDING THE PROTESTED PARAGRAPHS, WERE DRAFTED WITH THE COOPERATION OF THE DEPARTMENTS AND AGENCIES OF THE GOVERNMENT, AS WELL AS THE TRANSPORTATION INDUSTRY AND WERE PROMULGATED BY US AS BEING IN THE BEST INTERESTS OF THE GOVERNMENT. IT WAS FOUND NECESSARY FOR THE DUE PROTECTION OF THE GOVERNMENT AND THE APPROPRIATIONS OF PUBLIC MONIES, PARTICULARLY IN VIEW OF THE DIFFICULTIES EXPERIENCED IN THE RECOVERY OF OVERPAYMENTS FOR TRANSPORTATION OBTAINED ON GOVERNMENT TRANSPORTATION REQUESTS THROUGH VARIOUS TRAVEL AGENCIES OR BUREAUS, TO LIMIT THE USE OF THE REQUEST IN THE MANNER SET FORTH IN OUR REGULATIONS AND MANUAL. WE ALSO CONSIDERED--- IN ADDITION TO THE ECONOMIC AND LEGAL REASONS EXPLAINED IN OUR PREVIOUS LETTERS--- THE RIGHT OF GOVERNMENT DEPARTMENTS AND AGENCIES UNDER THE LAW TO DETERMINE FOR THEMSELVES THE PROCUREMENT METHOD BEST DESIGNED FOR THE PROPER DISCHARGE OF THEIR FUNCTIONS, CONSISTENT WITH THE NEED FOR UNIFORMITY IN THE APPLICATION OF GOVERNMENT ACCOUNTING AND AUDITING STANDARDS. IT MAY BE NOTED THAT OUR REGULATIONS PROVIDE THAT EXCEPTIONS TO THEM MAY BE MADE WITH OUR WRITTEN APPROVAL, AS MIGHT BE JUSTIFIED BY PARTICULAR CIRCUMSTANCES. SEE SECTION 2085.10 OF TITLE 5 OF THE GAO MANUAL.

THE GOVERNMENT'S INTEREST IS PARAMOUNT, AND WE FIND THAT, RATHER THAN BEING UNDULY DISCRIMINATORY, THE LIMITATIONS NOW CONTAINED IN OUR REGULATIONS AND MANUAL UPON THE EXTENT TO WHICH TRANSPORTATION SERVICES MAY BE OBTAINED ON GOVERNMENT TRANSPORTATION REQUESTS THROUGH THE USE OF TRAVEL AGENCIES, AFFORD A DEFINITE OPPORTUNITY FOR TRAVEL AGENCIES TO DO BUSINESS WITH THE GOVERNMENT UNDER SPECIFIC CONDITIONS WHERE THERETOFORE NONE HAD BEEN PROVIDED.

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