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B-300218 1 (2003-03-17)

handle is hein.gao/gaobacygh0001 and id is 1 raw text is: Ili - - Accountability * Integrity * Reliability United States General Accounting Office Washington, DC 20548 Decision Matter of: File: Date: African Development Foundation: Retention of Funds from Strategic Partnership Agreements with Certain African Governments B-300218 March 17, 2003 DIGEST 1. Under its gift acceptance authority, the African Development Foundation (ADF) may retain funds it receives from the governments of Botswana, Namibia and the State of Jigawa, Nigeria that supplement amounts that ADF grants to its recipients. 2. ADF does not have statutory authority to contract with the government of Guinea to provide services on behalf of Guinea to certain development sites selected by Guinea but who are not ADF grantees. DECISION The President of the African Development Foundation (ADF) has requested an advance decision under 31 U.S.C. § 3529 regarding the authority of the Foundation to retain funds it receives from partnerships with four African governments: Botswana, Namibia, Guinea, and the State of Jigawa, Nigeria. We conclude that ADF's gift acceptance authority permits it to accept funds from Botswana, Namibia and Jigawa State because those governments donate funds to supplement amounts that ADF grants to recipients within their respective states. Unlike the other three partnerships, ADF's partnership with Guinea involves a contract where Guinea pays ADF for services. Since ADF does not have statutory authority to enter into contracts to provide services, it should terminate its contract with Guinea and deposit any proceeds from that contract into the general fund of the Treasury as miscellaneous receipts. As we discuss below, ADF might consider restructuring its arrangement with Guinea along the same lines as its arrangements with Botswana, Namibia and Jigawa. Comptroller General of the United States

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