About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-187278 1 (1977-03-28)

handle is hein.gao/gaobaddwy0001 and id is 1 raw text is: o -THE COMP1TOLLER GENERAL DECISION . ZF . THE UNITN STATES WASHINGTON. D. C. 20048 FILE: B-187278 DATE: Ma4Ch 28, 1977 MATTER OF: Army Corps of Engineers' Continuing Contracts DIGEST: 1. 33 U.S.C. § 521, which provides that public works projects adopted by Congress may be prosecuted by direct appropriations, con- tinuing contracts, or both, permits Corps of Engineers to obligate full price of continuing contracts in advance of appro- priations where projects have been spe- cifically authorized by Congress. There- fore, Corps may modify standard Funds Available for Payments clause of continuing contract which now limits Government's obligation to amounts actually appropriated from time to time. 2 Comp. Gen. 477 (1923) overruled. 2. Recognition that under 33 U.S.C. § 621 Corps of Engineers may obligate full amount of continuing contract price for authorized public worts projects iLL advance of appro- priations required change in current budgetary procedures, under which budget authority is presented only as appropriations are made for yearly contract payments, since new theory of continuing contract obligations alters their budget authority status for purposes of Pub. L. No. 93-344. Corps should consult with cognizant congressional committees in developing revised budgetary procedures. The Chief of Engineers, Department of the Army, has requested our opinion as to the legality of proposed revisions to the Corps of Engineers' standard Funds Available for Payments clause used in continuing c3ntracts for the prosecution of public works projects. The continuing contracts here involved are authorized by section 10 of the River and Harbor Act of 1922, 33 U.S.C. § 621 (1970), which provides as follows: Lfl% Q I I - 7- 1

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most