B-133720, OCT. 25, 1957

B-133720: Oct 25, 1957

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

OFFICE OF INTERNATIONAL LABOR AFFAIRS: REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 5. IS STATED IN FAVOR OF THE COUNTY TRUST COMPANY FOR DEPOSIT TO ST. THE COLLEGE WAS PERMITTED TO INCREASE THE SALARIES OF ITS STAFF FOR THE PERIOD MARCH 1. PROVIDED THAT THE SUMS REQUIRED TO EFFECT THE INCREASES WERE AVAILABLE WITHIN THE $49. 900 WAS PROVIDED FOR SALARIES OF THE STAFF. THAT SUCH RETROACTIVE ADJUSTMENTS WERE NOT CONTEMPLATED WOULD SEEM TO BE EVIDENCED BY REFERENCE TO THE PRIOR CONTRACT WITH THE COLLEGE DATED JUNE 30. THE ONLY SALARY RATES "APPROVED BY THE DEPARTMENT" APPEAR TO HAVE BEEN THOSE ON WHICH THE $27. 900 FIGURE WAS BASED. REIMBURSEMENT OF ANY GREATER AMOUNTS IS NOT AUTHORIZED BY THE CONTRACT.

B-133720, OCT. 25, 1957

TO MR. PAUL K. PASCHKE, AUTHORIZED CERTIFYING OFFICER, OFFICE OF INTERNATIONAL LABOR AFFAIRS:

REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 5, 1957, REQUESTING A DECISION AS TO WHETHER THE VOUCHER ENCLOSED WITH YOUR LETTER MAY BE CERTIFIED FOR PAYMENT UNDER CONTRACT DATED JULY 1, 1955, AS AMENDED, BETWEEN THE DEPARTMENT OF LABOR AND ST. JOHN'S COLLEGE, ANNAPOLIS, MARYLAND.

THE VOUCHER, ADMINISTRATIVELY APPROVED FOR PAYMENT IN THE AMOUNT OF $1,383.92, IS STATED IN FAVOR OF THE COUNTY TRUST COMPANY FOR DEPOSIT TO ST. JOHN'S COLLEGE ILOC ACCOUNT, AND REPRESENTS AN APPROXIMATE 7 1/2 PERCENT SALARY INCREASE FOR STAFF MEMBERS AND AN INCREASE FROM $35 TO $37 PER DAY FOR CONSULTANTS OF THE COLLEGE'S INTERNATIONAL LABOR ORIENTATION CENTER, RETROACTIVE TO THE PERIOD FROM JULY 1, 1955, THROUGH FEBRUARY 20, 1956. BY LETTER DATED FEBRUARY 29, 1956, THE COLLEGE WAS PERMITTED TO INCREASE THE SALARIES OF ITS STAFF FOR THE PERIOD MARCH 1, 1956, TO JUNE 30, 1956, PROVIDED THAT THE SUMS REQUIRED TO EFFECT THE INCREASES WERE AVAILABLE WITHIN THE $49,700 COST CEILING SPECIFIED IN THE CONTRACT AS ORIGINALLY EXECUTED. ON MAY 16, 1956, THE COLLEGE REQUESTED RECONSIDERATION OF THE RETROACTIVE PAY INCREASES FOR THE PERIOD JULY 1, 1955, THROUGH FEBRUARY 29, 1956, STATING THAT THE RETROACTIVE ADJUSTMENTS COULD ALSO BE MADE WITHIN THE ORIGINAL AMOUNT OF $49,700.

UNDER THE TERMS OF THE CONTRACT, ST. JOHN'S COLLEGE AGREED TO PROVIDE PROGRAMS OF INSTRUCTION FOR AN ESTIMATED TOTAL OF 75 GROUPS OF FOREIGN NATIONALS AS REQUESTED BY AND UNDER THE GENERAL GUIDANCE OF THE DEPARTMENT OF LABOR. THE CONTRACT PROVIDED IN ARTICLE 1 (A) THAT THE COLLEGE WOULD BE REIMBURSED ON THE BASIS OF ACTUAL EXPENSES IN AN AMOUNT NOT TO EXCEED $49,700. OF THIS AMOUNT NOT TO EXCEED $27,900 WAS PROVIDED FOR SALARIES OF THE STAFF, SELECTED WITH THE APPROVAL OF THE DEPARTMENT AND "PAID AT RATES NOT TO EXCEED THESE APPROVED BY THE DEPARTMENT; " AND NOT TO EXCEED $21,800 FOR OTHER EXPENSES. ARTICLE 3 (A) OF THE CONTRACT PROVIDED THAT UPON REQUEST BY THE COLLEGE, THE DEPARTMENT MAY AUTHORIZE ADJUSTMENTS BETWEEN THE AMOUNTS SPECIFIED IN ARTICLE 1 (A). HOWEVER, NEITHER THOSE PROVISIONS NOR ANY OTHER PROVISION IN THE CONTRACT MAY BE CONSIDERED AS AUTHORIZING THE PAYMENT OF COSTS OF SALARY ADJUSTMENTS RETROACTIVELY OR AS PERMITTING THE DEPARTMENT TO APPROVE RETROACTIVE SALARY ADJUSTMENTS EVEN WITHIN THE CONTRACT COST CEILING. THAT SUCH RETROACTIVE ADJUSTMENTS WERE NOT CONTEMPLATED WOULD SEEM TO BE EVIDENCED BY REFERENCE TO THE PRIOR CONTRACT WITH THE COLLEGE DATED JUNE 30, 1954, WHICH PROVIDED THAT SALARIES MAY BE SUBJECT TO INCREASES FOR GOOD CAUSE AND "ONLY BY PRIOR WRITTEN APPROVAL.' UP TO FEBRUARY 29, 1956, THE ONLY SALARY RATES "APPROVED BY THE DEPARTMENT" APPEAR TO HAVE BEEN THOSE ON WHICH THE $27,900 FIGURE WAS BASED, AND REIMBURSEMENT OF ANY GREATER AMOUNTS IS NOT AUTHORIZED BY THE CONTRACT.

ACCORDINGLY, OUR OFFICE IS CONSTRAINED TO HOLD THAT NO AUTHORITY EXISTS FOR CERTIFICATION OF THE VOUCHER IN QUESTION, WHICH IS RETURNED HEREWITH.