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B-206625 1 (1982-07-26)

handle is hein.gao/gaobadkng0001 and id is 1 raw text is: 

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               OECII310N             ,       OP T HM     U NIur.D    STATENS
                                            WASHINGTON,          0   . D.C 2013413



               FILE= B-206625                       DATE; July 26, 19S2

               MATTER OF: The New York Times, Tht% Philadeltda Inquirer; The
                              Trenton Times Newepaper: Payment for Advertisements
                              under 44 U.S.C. S 3702
               DIGiEfT: Payment to three newspapers who advertised for the
                         Army is not precluded by the provisions of 44 U.S.C.
                         S 3702 where blanket authorit:y to approve advertise-
                         ments has been delegated in writing by the Co.nanding
                         General of the Army to all his installation cormanders
                         and verbal approval in advance of the procurement had
                         been given by the appropriate official. Under these
                         facts and circurstances, the purposes of the statute
                         have been met.


                  This claim was forwarded to the General Accounting Office by the
             Department of the Army with three invoices for the cost. of recruiting
             advertisements placed in the New York Times, The Philadelphia Inquirer,
             and the Trenton Times Newspapers during the period of D.cember 6, 1979,
             through December 11, 1979. The Department states that the advertise-
             ments were duly printed at a fair and reasonable price, However, the
             accountable officer refused to certify the vouchers for paynent, based
             on the prohibition in 44 U.S.C. S 3702 (1969), unless the Compttoller
             General approves. The newspapers claim they are owed the folloing
             amounts:

                             The New York Tlrns              $193.20
                             The Philadelphia Inquirer        125.12
                             The Trenton Times Newspapers      48.64

             Based on the particular facts in this case, the invoices ay be paid.

                  Section 3702 reads as follows:

                       Advertisemrents, notices, or proposals for an
                  executive department of the Government, or for a
                  bureau or office connected with it, may not be
                  published in a newspaper except under written
                  authority from the head of the department; and
                  a bill for advertising or publication imay not be
                  paid unless there is prisented with the bill a
                  copy of the written authority.

                  This Office has consistently recormended in the past that 9; 3702
             be repealed as an anachronism which has outlived its usefulness. The
             requirements were enacted 100 years ago at a time when Governnnt pro-
             curement was yuch less systematized than it is today. It appeeral from




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