B-231152, Jun 10, 1988, Office of General Counsel

B-231152, Jun 10, 1988, Office of General Counsel

APPROPRIATIONS/FINANCIAL MANAGEMENT - Appropriation Availability - Purpose availability - Coat reimbursement - Publicity/propaganda - Exports APPROPRIATIONS/FINANCIAL MANAGEMENT - Appropriation Availability - Purpose availability - Specific purpose restrictions - Federal work programs - Foreign countries DIGEST: In response to a request for comments, the General Accounting Office has no objection to Federal Acquisition Circular (FAC) No. 84-36, which amends Federal Acquisition Regulation (FAR) Parts 25, 31 and 52, to implement two sections of the continuing resolution for fiscal year 1988. H.J. Res. No. 395, Pub.L. 100-202. The first amendment precludes the obligation and expenditure of current Fiscal Year funds for public works contracts with foreign contractors and supplies from countries listed by the United States Trade Representative as discriminating against United States firms in conducting public works acquisitions. The second amendment permits the reimbursement of reasonable costs incurred to promote American aerospace exports at domestic and international exhibits.

Ms. Margaret A. Willis

FAR Secretariat

General Services Administration:

This responds to your request for comments on an interim rule amending Federal Acquisition Regulation (FAR) Parts 25 and 52 with respect to funding restrictions on public works projects and a final rule in Part 31 concerning the allowability of costs to promote American aerospace exports. This is Federal Acquisition Circular (FAC) No. 84-36.

With respect to federal public works projects, FAC 84-36 amends FAR Parts 25 and 52 to implement section 109 of the continuing resolution for fiscal year (FY) 1988, H.J. Res. No. 395, Pub.L. 100-202. Section 109 precludes the obligation or expenditure of funds appropriated for FY 1988 to enter into contracts for the construction, repair or alteration of any public building or work in the United States, or its territories or possessions with any contractor or subcontractor of a foreign country, or any supplier of products of a foreign country, while such country is listed by the United states Trade Representative as discriminating against United States firms in conducting acquisitions for public works projects. We have no objection to these amendments.

FAC 84-36 also amends FAR Sec. 31.205-1 to permit the reimbursement of reasonable costs incurred to promote American aerospace exports at domestic and international exhibits as provided by section 101(b) of Pub.L. 100-202. As we informed you by letter of February 11, 1988 (B 229902) we have no objection to this change.