B-158461, MAR. 4, 1966

B-158461: Mar 4, 1966

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THERE HAS BEEN A MISUNDERSTANDING OF EXACTLY WHAT THE AUTHORITY OF THE GENERAL ACCOUNTING OFFICE IS IN A CASE SUCH AS YOURS. WHILE THIS OFFICE DOES HAVE AUTHORITY TO DETERMINE THE PROPRIETY OF AN EXISTING OR PROPOSED AWARD IN CASES PROPERLY PRESENTED TO IT. EVEN IN SUCH CASES WE CANNOT DIRECT THAT AN AGENCY REFRAIN FROM PROCEEDING WITH AN AWARD WHILE THE CASE IS BEING CONSIDERED HERE. IT IS NOT UNTIL A FINAL DECISION IN SUCH CASES IS REACHED THAT WE UNDERTAKE TO DIRECT ADMINISTRATIVE ACTION. ACTION SUCH AS YOUR REQUEST IS NOT AUTHORIZED IN CASES. WHICH ARE BEFORE THE ARMED SERVICES BOARD OF CONTRACT APPEALS. WE TRUST THAT THE ABOVE EXPLANATION OF OUR INABILITY TO OBTAIN A PERFORMANCE DELAY BY THE DEFENSE SUPPLY AGENCY IS SATISFACTORY.

B-158461, MAR. 4, 1966

TO BIELE, JONES AND MURPHY:

YOUR TELEGRAM OF FEBRUARY 17, 1966, AGAIN REQUESTS THAT OUR OFFICE ASSIST IN SECURING A DELAY IN PERFORMANCE OF THE CONTRACT AWARDED TO YOUR CLIENT, THE GEORGE EPCAR COMPANY, BY THE DEFENSE SUPPLY AGENCY PENDING A DECISION ON THE LEGALITY OF THE AWARD BY THE ARMED SERVICES BOARD OF CONTRACT APPEALS.

APPARENTLY, THERE HAS BEEN A MISUNDERSTANDING OF EXACTLY WHAT THE AUTHORITY OF THE GENERAL ACCOUNTING OFFICE IS IN A CASE SUCH AS YOURS. THE AUTHORITY OF THIS OFFICE INCLUDES THE SETTLING OF CLAIMS BY AND AGAINST THE GOVERNMENT, AND GENERALLY, THE DETERMINATION OF THE LEGALITY OF THE EXPENDITURE OF APPROPRIATED FUNDS. THIS AUTHORITY DOES NOT, HOWEVER, EXTEND TO CONTROL OVER THE ADMINISTRATION OF CONTRACTS BY A CONTRACTING AGENCY. WHILE THIS OFFICE DOES HAVE AUTHORITY TO DETERMINE THE PROPRIETY OF AN EXISTING OR PROPOSED AWARD IN CASES PROPERLY PRESENTED TO IT, EVEN IN SUCH CASES WE CANNOT DIRECT THAT AN AGENCY REFRAIN FROM PROCEEDING WITH AN AWARD WHILE THE CASE IS BEING CONSIDERED HERE. IT IS NOT UNTIL A FINAL DECISION IN SUCH CASES IS REACHED THAT WE UNDERTAKE TO DIRECT ADMINISTRATIVE ACTION. HENCE, ACTION SUCH AS YOUR REQUEST IS NOT AUTHORIZED IN CASES, SUCH AS THE EPCAR CASE, WHICH ARE BEFORE THE ARMED SERVICES BOARD OF CONTRACT APPEALS.

WE TRUST THAT THE ABOVE EXPLANATION OF OUR INABILITY TO OBTAIN A PERFORMANCE DELAY BY THE DEFENSE SUPPLY AGENCY IS SATISFACTORY, AND WE REGRET THAT WE CANNOT BE OF ANY ASSISTANCE IN THIS MATTER.