Legal Authority of the Armed Forces Institute of Pathology

The Director of the Armed Forces Institute of Pathology (AFIP) requested a decision concerning the legal authority of AFIP to contract directly with Universities Associated for Research and Education in Pathology, Inc. (UAREP) for services related to the publication of the Atlas of Tumor Pathology. The question arose because P.L. 94-361 (1976), which expressly recognizes AFIP as a joint agency of the military departments, does not expressly authorize such contracts. AFIP proposed to enter into a contract with UAREP as a continuation of the long established grant relationship under which AFIP supported the development and preparation of the Atlas. UAREP concluded that the continued production of the Atlas could be self-supporting, and AFIP formed a contract with UAREP on that basis. UAREP conditioned its acceptance of the agreement upon a favorable decision by GAO as to the authority of AFIP to enter into such an agreement. The record showed that it was the intent of the Congress in enacting P.L. 94-361 that AFIP maintain the basic authorities and responsibilities delegated to it by the Department of Defense prior to passage of that law. Among these are the authority to develop, maintain, and distribute material such as that contained in the Atlas. Accordingly, GAO had no objection to AFIP entering into the proposed contract, if otherwise proper.