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B-209965 1 (1983-07-26)

handle is hein.gao/gaobadlfn0001 and id is 1 raw text is: 0 .jF c.1Z u:I Tr- 1T AT R U - -- FILE: B-209965 DATE: 'li >, 1983 MA7T2R OF: Sadie G. Crawford Clai: for reimbursement of personal funds used to pay for repair of tele- phone answering system may be paid. Since the procurement of the repair services was authorized by superiors it would be unfair for the Government to retain the advantages of the ser- vices without repaying claimant. The Accounting and Finance Officer, Defense Logistics Agency (DLA), Department of Defense has requested an advance decision on whether he may certify for payment the claim of Sadie G. Crawford, Supply Management Representative, Wright- Patterson AFB, Ohio. The claim represents a $69.24 payment by Ms. Crawford from her personal funds for repair of a telephone answering system that she used in her assignment. The claim may be paid for the reasons given below. The DLA telephone answering system in question, although new, was out of warranty and inoperable. Claimant requested and received authority from the DLA Operations Office to have the system repaired. This authority did not give her authority to enter into a contract, however, according to the submissions to this Office. It appears that the claimant, a new employee, was not advised that all charges were to be submitted through channels and consequently paid for the repairs out of her personal funds. In our recent decision 62 Comp. Gen._, B-206236, June 1, 1983, we said that where a Government employee uses personal funds to procure goods or services for official use he or she may be reimbursed if the underlying expenditure itself is au- thorized, failure to act would have resulted in disruption of the relevant program or activity and therefore satisfies the test of public necessity, and the transaction satisfies cri- teria for either ratification of the procurement or quantum meruit if the contractor had not yet been paid by the employee. That case also explained that a lesser standard of public re- cessity may be applied when the employee was directed to take the action at issue by a superior.

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