B-146518, AUG. 9, 1961
Highlights
THE DISALLOWANCE OF THE INVOICE WAS NOT BECAUSE OF ADMINISTRATIVE RULES. THE PUBLICATION OF NOTICE IN THIS CASE WAS NOT AUTHORIZED BY THE HEAD OF THE DEPARTMENT OR BY AN OFFICIAL TO WHOM HE HAD DELEGATED AUTHORITY TO ACT FOR HIM. WHILE FROM A STRICT LEGAL STANDPOINT THE DISALLOWANCE OF YOUR CLAIM WAS CORRECT IN VIEW OF THE SMALL AMOUNT INVOLVED AND SINCE THE SERVICES WERE RENDERED IN GOOD FAITH PAYMENT WILL BE AUTHORIZED IN THIS PARTICULAR CASE. A SETTLEMENT WILL BE ISSUED AT AN EARLY DATE.
B-146518, AUG. 9, 1961
TO BREWERY GULCH GAZETTE:
YOUR LETTER OF JULY 16, 1961, PROTESTS OUR SETTLEMENT OF JULY 6, 1961, WHICH DISALLOWED YOUR BILL FOR $5.97 FOR A NOTICE PUBLISHED IN YOUR NEWSPAPER ON JUNE 9, 1960, AS ORDERED BY HEADQUARTERS, UNITED STATES ARMY ELECTRONIC PROVING GROUND, FORT HUACHUCA, ARIZONA.
THE DISALLOWANCE OF THE INVOICE WAS NOT BECAUSE OF ADMINISTRATIVE RULES, REGULATIONS AND DECREES, BUT BECAUSE CONGRESS HAS ENACTED A LAW (SECTION 3828, REVISED STATUTES; SECTION 324, TITLE 44, OF THE UNITED STATES CODE) READING AS FOLLOWS:
"NO ADVERTISEMENT, NOTICE, OR PROPOSAL FOR ANY EXECUTIVE DEPARTMENT OF THE GOVERNMENT, OR FOR ANY BUREAU THEREOF, OR FOR ANY OFFICE THEREWITH CONNECTED, SHALL BE PUBLISHED IN ANY NEWSPAPER WHATEVER,EXCEPT IN PURSUANCE OF A WRITTEN AUTHORITY FOR SUCH PUBLICATION FROM THE HEAD OF SUCH DEPARTMENT; AND NO BILL FOR ANY SUCH ADVERTISING, OR PUBLICATION, SHALL BE PAID, UNLESS THERE BE PRESENTED, WITH SUCH BILL, A COPY OF SUCH WRITTEN AUTHORITY.'
THE PUBLICATION OF NOTICE IN THIS CASE WAS NOT AUTHORIZED BY THE HEAD OF THE DEPARTMENT OR BY AN OFFICIAL TO WHOM HE HAD DELEGATED AUTHORITY TO ACT FOR HIM; AND A SUBSEQUENT APPROVAL OR RATIFICATION WOULD NOT COMPLY WITH THE TERMS OF THE STATUTE.
WHILE FROM A STRICT LEGAL STANDPOINT THE DISALLOWANCE OF YOUR CLAIM WAS CORRECT IN VIEW OF THE SMALL AMOUNT INVOLVED AND SINCE THE SERVICES WERE RENDERED IN GOOD FAITH PAYMENT WILL BE AUTHORIZED IN THIS PARTICULAR CASE. A SETTLEMENT WILL BE ISSUED AT AN EARLY DATE.