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B-212776 1 (1983-10-31)

handle is hein.gao/gaobadljw0001 and id is 1 raw text is: OLU THE COMPTROLLER GENERAL 1 DECISION i OF THE UNITED STATES WASHINGTON. O.C. 20548 FILE: B-212776 DATE: October 31, 1983 MATTER OF: Joann Flora DIGEST: Where agency regulations prohibit sale of surplus property to government employee who either directly or indirectly used or was in any way connected with its condem- nation, and define government employee to include member of employee's household, bid of woman living with government employee, in relationship of husband and wife, was properly disqualified where the employee was responsible for determining whether property should be repaired or condemned. The United States Department of Agriculture (USDA), Tongass National Forest, Ketchikan, Alaska, requests our opinion concerning the propriety of its decision to disqual- ify Joann Flora's high bid on items Nos. 3 and 19 under sale No. KTN-83-3, for the sale of surplus pickup trucks and out- board motors. The bidder was denied award under Federal Property Management Regulation (FPMR) § 101-45.302 (1982) and Agriculture Property Management Regulation (AGPMR) § 104-45.308 (July 1982), which govern the purchase of federal surplus personal property by government employees. We find no basis to disagree with the action taken concerning Ms. Flora's bid. The administrative officer reports the bids were opened on April 25, 1983. Ms. Flora was the apparent high bidder on items Nos. 3 and 19. Subsequent to opening, the agency received information that Ms. Flora lived with Lee Vollman, fleet mechanic for the USDA, Ketchikan area, who is responsible for evaluating the condition of outboard motors for the purpose of determining whether the motors should be repaired or condemned. Based on an admission by Ms. Flora that she lives with Mr. Vollman and that their relationship is essentially that of husband and wife, although they are not lawfully married, USDA disqualified her bid. o):01?

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