[Protest of Navy Contract Award for Computer Maintenance Services]
Highlights
A firm protested a Navy contract award for computer maintenance services, contending that the Navy improperly failed to terminate the awardee's contract and award the remainder of the contract to it after the Small Business Administration (SBA) issued a certificate of competency (COC) in its behalf. GAO held that the Navy was only required to wait 15 days for SBA to issue a COC before proceeding with the contract award. Accordingly, the protest was denied.
A-8288, MARCH 12, 1925, 4 COMP. GEN. 757
COMPENSATION - EMPLOYEE ABSENT ON FEBRUARY 28 UNDER THE ACT OF JUNE 30, 1906, 34 STAT. 763, AN EMPLOYEE OF THE GOVERNMENT PRINTING OFFICE ON AN ANNUAL SALARY BASIS WHO WAS ON LEAVE WITHOUT PAY ON FEBRUARY 28, 1925, IS ONLY ENTITLED TO TWENTY-SEVEN THIRTIETHS OF A MONTH'S PAY FOR THE MONTH OF FEBRUARY.
COMPTROLLER GENERAL MCCARL TO THE PUBLIC PRINTER, MARCH 12, 1925:
THERE HAS BEEN RECEIVED YOUR LETTER OF FEBRUARY 28, 1925, REQUESTING DECISION AS TO WHAT PART OF ONE MONTH'S PAY IS AUTHORIZED TO BE PAID FOR THE MONTH OF FEBRUARY TO AN EMPLOYEE ON AN ANNUAL SALARY BASIS WHO WAS ON LEAVE WITHOUT PAY ON FEBRUARY 28, HAVING BEEN IN A PAY STATUS FROM FEBRUARY 1 TO 27, INCLUSIVE.
THE ACT OF JUNE 30, 1906, 34 STAT. 763, PROVIDES THAT ANNUAL COMPENSATION SHALL BE DIVIDED INTO 12 EQUAL INSTALLMENTS, ONE OF WHICH SHALL BE THE PAY FOR EACH CALENDAR MONTH; THAT IN MAKING PAYMENT FOR A FRACTIONAL PART OF A MONTH ONE-THIRTIETH OF ONE OF SUCH INSTALLMENTS OR OF A MONTHLY COMPENSATION SHALL BE THE DAILY RATE OF PAY; AND THAT FEBRUARY SHALL BE TREATED AS IF IT ACTUALLY HAD 30 DAYS.
IF AN EMPLOYEE IS IN A PAY STATUS ALL OF THE MONTH OF FEBRUARY HE IS ENTITLED TO A FULL MONTH'S PAY, BEING ENTITLED TO THREE-THIRTIETHS OF A MONTH'S PAY FOR FEBRUARY 28. AND, LIKEWISE, IF HE IS IN A NONPAY STATUS ON FEBRUARY 28, THREE-THIRTIETHS OF A MONTH'S PAY IS CHARGEABLE ON ACCOUNT THEREOF. SEE 20 COMP. DEC. 772.
ANSWERING YOUR QUESTION SPECIFICALLY, THE EMPLOYEE REFERRED TO IN YOUR LETTER IS ENTITLED TO TWENTY-SEVEN THIRTIETHS OF A MONTH'S PAY.