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B-194400 1 (1979-04-27)

handle is hein.gao/gaobadhdz0001 and id is 1 raw text is: ~IER r THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON, D. C. 20549 FILE: B-194400 DATE:4Apl7, 9 MATTER OF: Bureau of Alcohol, Tobacco and Firearms--Payments Under Interagency Agreement DIGEST: 1. Fiscal year 1978 funds obligated by Bureau of Alcohol, Tobacco and Firearms under Economy Act agreement with Air Force, must be deobligated at the end of fiscal year 1978 to extent that Air Force has not incurred valid obligations under agreement during fiscal year. Air Force has validly obligated funds only to extent that performance by contractor satisfies bona fide need of fiscal year 1978. 2. Under Economy Act agreement providing that contractor of Air Force is to provide research and development work and technical support to Bureau of Alcohol, Tobacco and Firearms, with Air Force paying for work and then being reimbursed by Bureau, only work actually performed by contractor during fiscal year 1978 satisfies bona fide need of that year. Work done by contractor during fiscal year 1979 may not be paid for from fiscal year 1978 funds. This decision is in response to an inquiry from an authorized certifying officer of the Bureau of Alcohol, Tobacco and Firearms (Bureau)., Department of the Treasury, seeking our opinion on whether a voucher may be legally certified for payment. The voucher, sub- mitted by the Space and Missile Systems Organization, United States Air Force (Air Force), seeks reimbursement, to be charged against fiscal year 1978 funds, for expenditures incurred through January 31, 1979, under an interagency agreement between the Bureau and the Air Force. For the reasons indicated below, it is our opinion that the voucher may not be certified for payment from fiscal year 1978 funds. The interagency agreement (designated Tatf-78-B-117 and accepted by the Air Force on September 23, 1977) states that it was entered into under the authority of the Economy Act of 1932, as amended, 31 U.S.C. § 686 (1976). Under the agreement, Aerospace Corporation, pursuant to a cost-plus-a-fixed fee contract with the Air Force, was to perform research and development work and provide technical support to the Bureau in connection with the National Explosives Tagging Program. The Air Force was to pay Aerospace for this work, and was to be reimbursed by the Bureau.

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