B-144148-O.M., NOV 1, 1960
Highlights
PRECIS-UNAVAILABLE THE COMPTROLLER GENERAL: REFERENCE IS MADE TO THE ENCLOSED LETTER DATED MARCH 17. THE REQUEST FOR RELIEF WAS SUBMITTED PURSUANT TO THE PROVISIONS OF 3 GAO 4570.15. WE RECOMMEND THAT RELIEF BE DENIED FOR THE FOLLOWING REASONS: (1) FUNDS WERE ADVANCED BY THE ALTERNATE AGENT CASHIER TO MOHD. HALIM SALIMI WHO WAS NOT AN EMPLOYEE OF THE ICA MISSION. SALIMI WAS AN EMPLOYEE OF HERMAN KLEE. SUPPLIERS OF MATERIAL OR EMPLOYEES ENGAGED BY HIM TO CARRY OUT TERMS OF THIS CONTRACT." (3) ICA REGULATIONS CONCERNING CASHIER RESPONSIBILITIES PROVIDE THAT "FUNDS MAY NOT BE TRANSMITTED OR ENTRUSTED TO OTHER EMPLOYEES WHO ARE NOT AUTHORIZED TO RECEIVE SUCH FUNDS.". THIS MATTER IS SUBMITTED FOR YOUR CONSIDERATION AS REQUIRED BY PARAGRAPH 2 OF COMPTROLLER GENERAL'S ORDER NO. 3.8 WHEN IT APPEARS THAT A REQUEST FOR RELIEF SHOULD BE DENIED.
B-144148-O.M., NOV 1, 1960
PRECIS-UNAVAILABLE
THE COMPTROLLER GENERAL:
REFERENCE IS MADE TO THE ENCLOSED LETTER DATED MARCH 17, 1960, FROM THE ASSISTANT DEPUTY DIRECTOR, CONTROLLER, INTERNATIONAL COOPERATION ADMINISTRATION REQUESTING RELIEF UNDER THE ACT OF AUGUST 9, 1955 (31 U.S.C. 82A-1) FOR CHARLES D. WRIGHT, AGENT CASHIER, UNITED STATES OVERSEAS MISSION, KANDAHAR, AFGHANISTAN IN THE AMOUNT OF $123.88 (5327 AFGHANIS) RESULTING FROM A PHYSICAL LOSS OF THE FUNDS. THE REQUEST FOR RELIEF WAS SUBMITTED PURSUANT TO THE PROVISIONS OF 3 GAO 4570.15.
BASED UPON OUR REVIEW OF THE CASE, WE RECOMMEND THAT RELIEF BE DENIED FOR THE FOLLOWING REASONS:
(1) FUNDS WERE ADVANCED BY THE ALTERNATE AGENT CASHIER TO
MOHD. HALIM SALIMI WHO WAS NOT AN EMPLOYEE OF THE ICA
MISSION. MOHD. SALIMI WAS AN EMPLOYEE OF HERMAN KLEE,
AN INDIVIDUAL WHO HAD A CONTRACT (ICA-AF-75, DATED
NOVEMBER 1, 1959) TO PERFORM VARIOUS ADMINISTRATIVE
SERVICES FOR THE ICA MISSION.
(2) ARTICLE 11 OF THE CONTRACT WITH HERMAN KLEE STATES
THAT "THE CONTRACTOR ACCEPTS COMPLETE RESPONSIBILITY
FOR INJURIES SUSTAINED BY HIS EMPLOYEES IN THE
DISCHARGE OF THEIR WORK UNDER THIS CONTRACT OR FOR ANY
OTHER FINANCED CLAIMS THAT MAY BE MADE BY SUBCONTRACTORS,
SUPPLIERS OF MATERIAL OR EMPLOYEES ENGAGED
BY HIM TO CARRY OUT TERMS OF THIS CONTRACT."
(3) ICA REGULATIONS CONCERNING CASHIER RESPONSIBILITIES
PROVIDE THAT "FUNDS MAY NOT BE TRANSMITTED OR
ENTRUSTED TO OTHER EMPLOYEES WHO ARE NOT AUTHORIZED
TO RECEIVE SUCH FUNDS."
THIS MATTER IS SUBMITTED FOR YOUR CONSIDERATION AS REQUIRED BY PARAGRAPH 2 OF COMPTROLLER GENERAL'S ORDER NO. 3.8 WHEN IT APPEARS THAT A REQUEST FOR RELIEF SHOULD BE DENIED.