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B-207627 1 (1983-03-07)

handle is hein.gao/gaobadkxx0001 and id is 1 raw text is: DECISION FILE: B-207627 MATTER DIGEST: THE COMPTROLJFR GENERAL 444S OF THE UNITED STATES WASHINGTON., 0.C. 20548 DATE: March 7, 1983 OF: GSA-Acquisition of Strategic and Critical Mate- rials by Barter Exchange Under 50 U.S.C. S 98e(c). 1. Proposal by GSA to sell, on behalf of contractor, excess Stockpile materials under the Strategic and Critical Stock Piling Act, 50 U.S.C. § 98e(c), where title has been transferred to the contractors in exchange for other needed Stockpile materials, is legally within the parameters of GSA's existing barter authority. Where a statute confers duties in general terms, all powers and duties incidental and necessary to make such authority effective are in- cluded by implication. Congress has encouraged barter transactions and the proposed plan helps accomplish the purposes of the Act. However, since it may have a significant effect on congressional control over the Stockpile transaction, GSA should discuss the proposal with its congressional over- sight and appropriations committees before implementation. 2. Where United States is acting as agent in sale of excess Stockpile material on behalf of contractors to whom title of materials has been transferred, GSA may pay proceeds from the sale directly to the contractor rather than deposit it to the credit of the National Defense Stockpile Fund, 50 U.S.C. S 98h, since the proceeds are for the benefit of the contractor rather than the United States. This decision is in response to a submission from the General Counsel of the General Services Administration (GSA) asking: (1) whether it may sell, on behalf of contractors, excess Stockpile materials in the custody of the Govern- rment but for which title has been transferred to the con- tractors in exchange for other needed Stockpile materials; and, (2) whether it may pay the proceeds of the sale directly to the contractor rather than deposit it to the credit of the National Defense Stockpile Fund.

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