Waiver of Repayment of Erroneously Granted SES Award

B-203478: Dec 30, 1981

Additional Materials:


Office of Public Affairs
(202) 512-4800

The Chairman of the International Trade Commission (ITC) requested waiver of an overpayment made to two employees of its Senior Executive Service (SES) after the Office of Personnel Management (OPM) notified ITC that it had exceeded the statutory limitation on bonuses payable. The questions raised concerned whether: (1) the payments in question were erroneous; and (2) the request for waiver should be granted. Award of SES bonuses is limited to 25 percent of the number of SES positions in an agency. ITC awarded two bonuses although it was only authorized six SES positions. GAO agreed with OPM that the ITC award of the bonuses violated the applicable statute and, accordingly, found the payment erroneous. However, GAO granted the waiver, because: (1) OPM failed to advise ITC of its violation for over 1 month after the fact; (2) neither employee involved had reason to know of the illegality of the award; and (3) the awards were made based on an ITC misinterpretation of the applicable statute.

Mar 20, 2018

Mar 19, 2018

  • Ampcus, Inc.
    We deny the protest.
  • AMAR Health IT, LLC
    We dismiss the protest because our Office does not have jurisdiction to entertain protests of task orders issued under civilian agency multiple-award, indefinite-delivery, indefinite-quantity (IDIQ) contracts that are valued at less than $10 million.
  • Centurum, Inc.--Costs
    We grant the request.

Mar 15, 2018

  • ORBIS Sibro, Inc.
    We sustain the protest in part and deny it in part.

Mar 14, 2018

Mar 13, 2018

  • Interoperability Clearinghouse
    We dismiss the protest because the protester, a not-for-profit entity, is not an interested party to challenge this sole-source award to an Alaska Native Corporation under the Small Business Administration's (SBA) 8(a) program.
  • Yang Enterprises, Inc.
    We dismiss the protest.

Looking for more? Browse all our products here