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B-196585 1 (1980-03-07)

handle is hein.gao/gaobadibm0001 and id is 1 raw text is: 


                    THE   COMPTFRDLLEP GENERAL
DE~5~I~\L    13F THE LJ.NITED STATES
                     WASHINGTON, 0. . 20548


MAR 7  1980


B-196 585


DATE:


MATTER   CF:


Armed  Forces Institute of Pathology--Contract
Authority


DIGEST:     Armed  Forces  Institute of Pathology is not prohibitedbzIof
            from  contracting with Universities Associated for
            Research  and Education in Pathology, Inc. Even
            though the legislative charter does not fully indi-
            cate the institute's mission and authorities, AFIP
            may  enter into proposed contract in accordance
            with DOD  Directive 5154. 24 which delegates basic
            authorities and responsibilities of AFIP from the
            Secretary of Defense to the Institute. See 10 U.S.C.
            § 176(d) (1976).

     The Director of th  rmed Forces  Institute of        (AFIP
 has requested our decision concerning the legal authority orthe -
 tateto~..contract directly with Universities .ssociated for Research
 and Education in Pathology, Inc. (UAREP) for services related to the
 publication of the Atlas of Tumor Pathology (Atlas). The question
 arises since the 1976 legislation which expressly recognized the AFIP
 as a joint agency of the military departments, does not expressly
 authorize this kind of contract. Pub. L. No. 94-361, 90 Stat. 933,
 July 14, 1976, 10 U.S.C. 5 176 (1976). We conclude, for reasons
 given below, that the proposed contract is within the authority of AFIP.

     The AFIP wishes to enter into a contract with UAREP as a continu-
 ation of the long established grant relationship under which AFIP
 supported the development and preparation of the Atlas. The Atlas
 project had evolved to a point where UAREP concluded that th con-
 tinued production of the Atlas could be self-supporting. In negotiations
 resulting from UAREP's  proposal to this effect, AFIP sought to main-
 tain quality and professional control over the Atlas as well as insuring
 that the Atlas would be available at no cost to Federal facilities and at
 low cost to others. Accordingly, AFIP proposes to enter into the follow-
 ing agreement with UAREP:

        a.  AFIP, in accordance with applicable law and
     regulation, will enter into a contract with UAREP for
     the production and manuscripts of the Atlas in type-
     setter copy or photo-ready copy.


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