B-196109, OCT 23, 1979
Highlights
DIGEST: PURCHASE ORDER WITHOUT JOB DESCRIPTION IS NOT FIRM AND COMPLETE AND THEREFORE DOES NOT CONSTITUTE A VALID OBLIGATION. THE ORDER WAS FOR 7200 SQUARE FEET OF SIGNS AT AN ESTIMATED UNIT PRICE OF $10 PER SQUARE FOOT. " WHICH WERE TO BE SENT UNDER SEPARATE COVER. REQUISITIONS PROVIDING DESCRIPTIONS OF THE GUIDE-SIGNS WERE FIRST SENT TO THE SUPPLIER ON DECEMBER 22. FEDERAL PRISON INDUSTRIES WILL NOT ACCEPT SIGN ORDERS WITHOUT THIS APPROVAL. BEFORE ANY ORDER MAY BE CONSIDERED AS LEGALLY OBLIGATING THE APPROPRIATION OF THE FISCAL YEAR IN WHICH IT WAS ISSUED. AN ORDER WHICH LACKS A DESCRIPTION OF THE PRODUCTS TO BE PROVIDED IS NOT FIRM AND COMPLETE. THE FISCAL YEAR 1978 APPROPRIATION WAS NOT PROPERLY OBLIGATED BY THE PARK SERVICE'S PURCHASE ORDER.
B-196109, OCT 23, 1979
DIGEST: PURCHASE ORDER WITHOUT JOB DESCRIPTION IS NOT FIRM AND COMPLETE AND THEREFORE DOES NOT CONSTITUTE A VALID OBLIGATION.
STATUS OF PURCHASE ORDER AS OBLIGATION:
AN AUTHORIZED CERTIFYING OFFICER OF THE NATIONAL PARK SERVICE (NPS) REQUESTS OUR DECISION AS TO WHETHER A PURCHASE ORDER ISSUED ON SEPTEMBER 13, 1978, CONSTITUTED A LEGAL OBLIGATION OF A FISCAL YEAR 1978 APPROPRIATION.
THE ORDER WAS FOR 7200 SQUARE FEET OF SIGNS AT AN ESTIMATED UNIT PRICE OF $10 PER SQUARE FOOT. THE PURCHASE ORDER DIRECTED THE SUPPLIER, FEDERAL PRISON INDUSTRIES, INC., TO "MAKE REGULATORY, WARNING, AND GUIDE SIGNS BASED ON INFORMATION SUPPLIED ON *** REQUISITIONS ***," WHICH WERE TO BE SENT UNDER SEPARATE COVER. REQUISITIONS PROVIDING DESCRIPTIONS OF THE GUIDE-SIGNS WERE FIRST SENT TO THE SUPPLIER ON DECEMBER 22, 1978 - AFTER THE CLOSE OF FISCAL YEAR 1978. OTHER REQUISITIONS, FOR REGULATORY, WARNING, AND INFORMATIONAL SIGNS, HAD NOT BEEN APPROVED WITHIN NPS ON SEPTEMBER 14, 1979, THE DATE OF THE CERTIFYING OFFICER'S REQUEST FOR THIS DECISION. FEDERAL PRISON INDUSTRIES WILL NOT ACCEPT SIGN ORDERS WITHOUT THIS APPROVAL.
BEFORE ANY ORDER MAY BE CONSIDERED AS LEGALLY OBLIGATING THE APPROPRIATION OF THE FISCAL YEAR IN WHICH IT WAS ISSUED, THE ORDER MUST BE FIRM AND COMPLETE. 44 COMP.GEN. 695, 697 (1965). CLEARLY, AN ORDER WHICH LACKS A DESCRIPTION OF THE PRODUCTS TO BE PROVIDED IS NOT FIRM AND COMPLETE. ID. THUS, THE FISCAL YEAR 1978 APPROPRIATION WAS NOT PROPERLY OBLIGATED BY THE PARK SERVICE'S PURCHASE ORDER. ACCORDINGLY, THE INVOICE SUBMITTED BY THE CERTIFYING OFFICER CANNOT BE PAID FROM FISCAL YEAR 1978 FUNDS.