B-176249, JUL 31, 1972

B-176249: Jul 31, 1972

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SINCE THE WORK WAS URGENTLY REQUIRED. WAS PERFORMED IN AN ADEQUATE MANNER. THE EMPLOYMENT OF THE FEE PERSONNEL WAS RATIFIED BY THE ASSISTANT SECRETARY- COMMISSIONER. STRUCTURAL OR OTHER DEFECTS WHICH SERIOUSLY AFFECT THE USE AND LIVABILITY OF ANY SINGLE-FAMILY DWELLING WHICH IS COVERED BY A MORTGAGE INSURED UNDER SECTION 235 OF THIS ACT.". THE FEE SPECIFICATION WRITERS WERE EMPLOYED IN THE WASHINGTON. IT IS REPORTED THAT THE USE OF FEE SPECIFICATION WRITERS WAS URGENTLY REQUIRED BECAUSE OF HEAVY WORKLOAD CONDITIONS. THAT THE WORK CONTRACTED FOR WAS PERFORMED IN AN ADEQUATE MANNER. THAT THE FEES PAID WERE REASONABLE UNDER THE CIRCUMSTANCES. INASMUCH AS THE RATIFICATION IN THIS CASE WAS MADE AT THE SECRETARIAL LEVEL.

B-176249, JUL 31, 1972

CIVILIAN EMPLOYEES - NONCONTRACT HIRES - FEE PERSONNEL DECISION THAT VOUCHERS SUBMITTED BY FEE SPECIFICATION WRITERS FOR REPAIR OF FEDERALLY INSURED SINGLE FAMILY DWELLINGS, PURSUANT TO SEC. 235 OF THE NATIONAL HOUSING ACT, AS AMENDED, MAY BE CERTIFIED FOR PAYMENT, SINCE THE WORK WAS URGENTLY REQUIRED, WAS PERFORMED IN AN ADEQUATE MANNER, AND THE EMPLOYMENT OF THE FEE PERSONNEL WAS RATIFIED BY THE ASSISTANT SECRETARY- COMMISSIONER.

TO MR. A. E. HAMPTON:

YOUR LETTER OF JUNE 8, 1972, FCF, REQUESTS ADVICE AS TO WHETHER VOUCHERS SUBMITTED BY FEE SPECIFICATION WRITERS FOR REPAIR OF FEDERALLY INSURED, SINGLE-FAMILY DWELLINGS, PURSUANT TO THE AUTHORITY IN SECTION 235 OF THE NATIONAL HOUSING ACT, AS AMENDED BY PUBLIC LAW 91-609, 12 U.S.C. 1735B, PROPERLY MAY BE CERTIFIED FOR PAYMENT. THAT SECTION AUTHORIZES THE SECRETARY "TO MAKE EXPENDITURES TO CORRECT, OR TO COMPENSATE THE OWNER FOR, STRUCTURAL OR OTHER DEFECTS WHICH SERIOUSLY AFFECT THE USE AND LIVABILITY OF ANY SINGLE-FAMILY DWELLING WHICH IS COVERED BY A MORTGAGE INSURED UNDER SECTION 235 OF THIS ACT."

THE FEE SPECIFICATION WRITERS WERE EMPLOYED IN THE WASHINGTON, D.C., AREA BY INDIVIDUALS WITHOUT CONTRACTING AUTHORITY AND WITHOUT PRIOR AUTHORIZATION. HOWEVER, IT IS REPORTED THAT THE USE OF FEE SPECIFICATION WRITERS WAS URGENTLY REQUIRED BECAUSE OF HEAVY WORKLOAD CONDITIONS; THAT THE WORK CONTRACTED FOR WAS PERFORMED IN AN ADEQUATE MANNER; AND THAT THE FEES PAID WERE REASONABLE UNDER THE CIRCUMSTANCES. FURTHER, THE ASSISTANT SECRETARY-COMMISSIONER HAS RATIFIED THE EMPLOYMENT OF FEE PERSONNEL.

YOU POINT OUT THAT SECTION 1-1.405 OF THE FEDERAL PROCUREMENT REGULATIONS PROVIDES FOR RATIFICATION OF "OTHERWISE PROPER CONTRACTS MADE BY INDIVIDUALS WITHOUT CONTRACTING AUTHORITY," AND YOU CITE OUR DECISION B- 164087, JULY 1, 1968, AS HAVING APPLICATION TO THE PRESENT CASE. THE CITED CASE STATES THE GENERAL RULE THAT UNAUTHORIZED CONTRACTS MAY BE RATIFIED BY AGENCY OFFICIALS WITH CONTRACTING AUTHORITY.

INASMUCH AS THE RATIFICATION IN THIS CASE WAS MADE AT THE SECRETARIAL LEVEL, THE VOUCHERS, WHICH ARE RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT.