[Protest of State Department Proposed Contract Award for Passport Printers and Associated Supplies and Maintenance]
Highlights
A firm protested a proposed State Department sole-source contract award for passport printers and associated supplies and maintenance, contending that: (1) State improperly determined that the awardee was the only responsible supplier of high security passport production equipment and supplies; and (2) the award violated statutory restrictions on using foreign products for passport production. GAO held that the protester was not sufficiently interested to protest the proposed award, since it was not a manufacturer or prospective seller of passport printers. Accordingly, the protest was denied.
A-43276, JULY 8, 1932, 12 COMP. GEN. 16
ECONOMY ACT - BASIS OF MAKING DEDUCTIONS FROM COMPENSATION FOR LEGISLATIVE FURLOUGH THERE WILL BE DEDUCTED FROM THE COMPENSATION OF EACH OFFICER AND EMPLOYEE TO WHOM SECTION 101 (B) OF THE ACT OF JUNE 30, 1932, 47 STAT. 399, IS APPLICABLE, A MINIMUM OF 1 1/4 DAYS' PAY (8 1/3 PERCENT) ON EACH SEMIMONTHLY PAY ROLL OR VOUCHER, REGARDLESS OF WHETHER THE OFFICER OR EMPLOYEE HAS OR HAS NOT BEEN ABSENT DURING SUCH PERIOD, A PROPORTIONATE DEDUCTION TO BE MADE WHERE THE PAY PERIOD IS GREATER OR LESS THAN A HALF MONTH. WHEN AN OFFICER OR EMPLOYEE IS ABSENT ON FURLOUGH FOR MORE THAN ONE WORKING DAY DURING A SEMIMONTHLY PAY PERIOD, DEDUCTION WILL BE MADE AT AT THE RATE OF 1 1/4 DAYS' PAY FOR EACH WORKING DAY OF SUCH ABSENCE (FRACTIONAL PARTS OF A DAY TO BE CONSIDERED AS A DAY FOR THIS PURPOSE, FOR INSTANCE, FOR AN ABSENCE OF 2 DAYS AND 1 HOUR DURING SUCH PAY PERIOD, DEDUCTION WILL BE MADE OF 3 3/4 DAYS' PAY, BUT ONLY THE ACTUAL TIME TAKEN TO BE CHARGED AS TIME ABSENT) EXCEPT THAT IF THE AGGREGATE OF ALL ABSENCES ON FURLOUGH FROM JULY 1, 1932, TO THE END OF THE PAY PERIOD INVOLVED DOES NOT EXCEED THE NUMBER OF WORKING DAYS FOR WHICH DEDUCTION THERETOFORE HAS BEEN MADE, THE DEDUCTION FOR SUCH SEMIMONTHLY PAY PERIOD WILL BE ONLY THE MINIMUM DEDUCTION OF 1 1/4 DAYS' PAY, AND WHEN PAY HAS BEEN DEDUCTED FOR 24 WORKING DAYS AT THE RATE OF 1 1/4 DAYS' PAY PER DAY (ONE MONTH'S PAY), NO FURTHER DEDUCTION WILL BE MADE ON ACCOUNT OF FURLOUGH UNDER SECTION 101 (B), AND ANY ADDITIONAL ABSENCES, EXCEPT ON SICK LEAVE OR MILITARY LEAVE WHEN AUTHORIZED BY LAW OR REGULATIONS HAVING THE FORCE AND EFFECT OF LAW, WILL BE REGARDED AS ABSENCE WITHOUT PAY AND CHARGED FOR IN ACCORDANCE WITH RULES AND REGULATIONS HERETOFORE APPLICABLE TO SUCH ABSENCES.
DECISION BY COMPTROLLER GENERAL MCCARL, JULY 8, 1932:
THE ACT APPROVED JUNE 30, 1932, 47 STAT. 382, ENACTED TO ACCOMPLISH SAVINGS IN THE CONDUCT OF THE GOVERNMENT, REQUIRES THAT DURING THE FISCAL YEAR ENDING JUNE 30, 1933, EACH OFFICER AND EMPLOYEE, WITH CERTAIN EXCEPTIONS, RECEIVING COMPENSATION ON AN ANNUAL BASIS AT A RATE OF MORE THAN $1,000 PER ANNUM, SHALL BE FURLOUGHED WITHOUT COMPENSATION FOR ONE CALENDAR MONTH OR FOR SUCH PERIODS AS SHALL IN THE AGGREGATE BE EQUIVALENT TO ONE CALENDAR MONTH. THIS MEANS THERE SHALL BE RETAINED IN THE TREASURY SUCH PORTION OF ALL APPROPRIATIONS FOR PERSONAL SERVICES AS WILL EQUAL THE SAVING THUS PROVIDED FOR. TO INSURE SUCH SAVING AS IS SO REQUIRED BY THE ENACTMENT AND TO AVOID PAYMENTS IN CONTRAVENTION OF LAW, A MINIMUM OF ONE AND ONE-FOURTH DAYS' PAY (8 1/3 PERCENT) WILL BE DEDUCTED FROM EACH OFFICER AND EMPLOYEE TO WHOM SECTION 101 (B) IS APPLICABLE ON EACH SEMIMONTHLY PAY ROLL OR VOUCHER, REGARDLESS OF WHETHER THE OFFICER OR EMPLOYEE HAS OR HAS NOT BEEN ABSENT DURING SUCH PERIOD, A PROPORTIONATE DEDUCTION TO BE MADE WHERE THE PAY PERIOD IS GREATER OR LESS THAN A HALF MONTH. WHEN AN OFFICER OR EMPLOYEE IS ABSENT ON FURLOUGH FOR MORE THAN ONE WORKING DAY DURING A SEMIMONTHLY PAY PERIOD, DEDUCTION WILL BE MADE AT THE RATE OF ONE AND ONE-FOURTH DAYS' PAY FOR EACH WORKING DAY OF SUCH ABSENCE (FRACTIONAL PARTS OF A DAY TO BE CONSIDERED AS A DAY FOR THIS PURPOSE; FOR INSTANCE, FOR AN ABSENCE OF TWO DAYS AND ONE HOUR DURING SUCH PAY PERIOD, DEDUCTION WILL BE MADE OF THREE AND THREE FOURTHS DAYS' PAY, BUT ONLY THE ACTUAL TIME TAKEN TO BE CHARGED AS TIME ABSENT) EXCEPT THAT IF THE AGGREGATE OF ALL ABSENCES ON FURLOUGH FROM JULY 1, 1932, TO THE END OF THE PAY PERIOD INVOLVED, DOES NOT EXCEED THE NUMBER OF WORKING DAYS FOR WHICH DEDUCTION THERETOFORE HAS BEEN MADE, THE DEDUCTION FOR SUCH SEMIMONTHLY PAY PERIOD WILL BE ONLY THE MINIMUM DEDUCTION OF ONE AND ONE- FOURTH DAYS' PAY, AND WHEN PAY HAS BEEN DEDUCTED FOR 24 WORKING DAYS AT THE RATE OF ONE AND ONE FOURTH DAYS' PAY PER DAY (ONE MONTH'S PAY), NO FURTHER DEDUCTION WILL BE MADE ON ACCOUNT OF FURLOUGH UNDER SECTION 101 (B), AND ANY ADDITIONAL ABSENCES, EXCEPT ON SICK LEAVE OR MILITARY LEAVE WHEN AUTHORIZED BY LAW OR REGULATIONS HAVING THE FORCE AND EFFECT OF LAW, WILL BE REGARDED AS ABSENCE WITHOUT PAY AND CHARGED FOR IN ACCORDANCE WITH RULES AND REGULATIONS HERETOFORE APPLICABLE TO SUCH ABSENCES.
WHERE LARGE PAY ROLLS ARE INVOLVED IT IS APPRECIATED THIS MAY OPERATE TO DELAY PAYMENTS BECAUSE OF THE TIME ACTUALLY REQUIRED TO PREPARE THE ROLL FOR CERTIFICATION AND DELIVERY TO THE DISBURSING OFFICER UNLESS THERE BE COOPERATION BY ALL CONCERNED AND COORDINATION OF THE WORK OF THE ADMINISTRATIVE ACTIVITIES INVOLVED, BUT ONE OF THE PRIME PURPOSES OF THE LAW IS TO RETAIN THIS SAVING IN THE TREASURY FOR OTHER ESSENTIAL USES, AND THERE MAY NOT PROPERLY BE MADE ADVANCES TO OFFICERS AND EMPLOYEES ON THE THEORY THAT RECOVERY CAN BE ACCOMPLISHED BEFORE THE CLOSE OF THE FISCAL YEAR. THERE MAY OCCUR DURING THE LATTER DAYS OR HOURS OF A PAY PERIOD AN UNEXPECTED REQUIREMENT THAT AN OFFICER OR EMPLOYEE BE ABSENT FROM DUTY BUT THE ADMINISTRATIVE PROCEDURE SHOULD BE SUCH THAT NOTICE WILL BE SO PROMPTLY GIVEN THE DISBURSING OFFICER AS TO ENABLE HIM TO WITHHOLD PAYMENT TO SUCH OFFICER OR EMPLOYEE FOR SUCH ADJUSTMENT AS THE FACTS MAY REQUIRE.
THE ACCOUNTING PROCEDURE HEREUNDER AND NECESSARY SUPPLEMENT TO THE GOVERNMENT SALARY TABLES WILL BE PROMULGATED PROMPTLY HEREAFTER.