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B-208306 1 (1982-08-18)

handle is hein.gao/gaobadkoj0001 and id is 1 raw text is: 64k *HE COMPTROLLER (qnh1113 WNERAL ,,t st A sreL 0DEQCI Gi1 M M M THE4 .-U N ITHO 0R TATGG. PILE: B-208306 DAT.F.: Aug,,ust 13, 1982 MATTER OF: The Florida Timkes-Unton and The Jacksonville Journal DIGEST: Costs of newspaper advertisements to recruit personnel without prior written authority by the deptrtment head or an authorized designee may not be paid because such payment is expressly pro-- bibited by 44 U.S.C. § 3702 (1976). lowever, the claim is teinv stbmAtted to Congress pursuant to the Meritorious Clainms Act of April 10, 1928, because of equitable coni'iderations in this case. The Florida Times-Union and The Jacksonville Journal claim $.137.a0 Lor advertising services provided to the Arry from August I to 10, 1981. The advertisements were placed In the newspapers to rccruit engineering personnel for the Fort Stewart .irmy Divi sion. It .i undisputed that no prior written approval for the advertisements was obtained from the depart- ment head or his representative, Therefore, the claim for reimbursement cannct be allowed because 44 U.S.C. § 3702 (1976) provides: Advertisements, notices, or proposals for an executive department of the Govern-. ment, or for a bureau or office connected with It, may not be published In a newspaper except under written authority from the head of the department: and a bill for advertising or publication may not be paid unless there Js presented with the bill a copy of the written authority. Even though the agency reports that the Goveru:'i.. received a benefit at fair and reasonable prices, Gho has held that the str.tutory language akes clear that subsequent approval or attempted ratification is not

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