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B-167790 1 (1973-05-25)

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r7  - i              COMPTROLLER GENERAL OF THE UNITED STATES
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    1-67790                                          )AY z51913


    The Honorable Hovard H. Callaay

    The Secretary of the Army

    Dear itt. Secretary:

          Reference to made to letter DAE-CCC, dated larch ?3, 1973, from
     the General Counsel, Office of the Chief of Eaginuera, requesting
     authorization to pay .euffel and Esser Ccwapny/Cooper-Trant Operation
     (Cooper-Trent) the sun of $65,577 for the printing of 60,00U copies
     of the brochure Agnes.

         As a result of tropical storm Agnes, a declslon was nade by tin
    U.S. Army Corps of Engineers, which had performed a large portion of
    the clean-up and restoration work in the stormts aftermath, to publish
    a brochure shoving the loaeme  caused by the ator.   The Corps reports
    thlat in the hante, to have this information disseminated as quickly as
    possible to the public, an employee vithout contracting autbority, orally
    contracted vith Cooper/Trent for'the printing of 60,000 copies of Agne.
    The permission of the Joint Covmnittee on Printing va not obtained as
    required by section 504, title 44p United States Code, to have vsuch work
    done by other than the Government Priuting Office.

         Our Office has conticted the Joint Conittee to ascertain if a
    waiver vould have been granted had the matter buen presented to it In a
    timely manner. In responae to our inquiry, the Comittee forwarded to
    our Office a copy of a memorandum which the Committee had vent to the
    Departmoent of the Army concerning the Agnes brochure. Thy pertinent
    portion, of the memorandum reads as follows:

a        It is the policy of the Public Printer not to issue retroa.tive
         vaivers. lhowever, since the action van preclpitated by tht
         devaetatin; effect of the hurricane and the need for furnish-
         Ing Imediately helpful inforntion to the public, a waiver
         probably vould havtt been Issued by this Office, vith the
         proper juntification furnished. Therefore, we recovnend
         payment of this bill, and that all conceraed consider thin
         letter in lieu of or the equivalent of a wiver.



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