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B-211229 1 (1984-04-24)

handle is hein.gao/gaobadlqx0001 and id is 1 raw text is: OECISION FILE: B-211229 THE COMPTROLLER GENERALM OP THE UNITED STATES WASHINGTON. 0.C. 20548 DATE: April 24, 1984 MATTER OF: Bureau of Land Management - Reimbursement of Contract Disputes Act Payments DIGEST: 1. Bureau of Land Management must charge current appropriations, rather than expired appropriation M account for reimbursement to permanent judg- ment appropriation for awards and judgments paid pursuant to Contract Disputes Act. For purposes of reimbursement requirement of 41 U.S.C. S 612(c), a court judgment or monetary award by a board of contract appeals is viewed as giving rise to a new liability. 2. Antideficiency Act violation does not occur when agency has insufficient current appropriations to satisfy award or judgment rendered against it pursuant to Contract Disputes Act. Judicial or quasi-judicial judgments or awards do not involve a deficiency created by an administrative officer and are not viewed as violations of the Antideficiency Act. This is in response to a request for a decision from Mr. Edward P. Greenberg, an authorizing certifying officer of the Bureau of Land Management (BLM) of the Department of the Interior. Mr. Greenberg requests our advice regarding the availability of appropriated funds to reimburse the permanent judgment appropriation established by 31 U.S.C. S 1304 (formerly S 724a) for contract claims charged against the permanent judgment appropriation in accordance with the Contract Disputes Act of 1978. The claims in question arise from construction contracts negotiated prior to fiscal year 1981. BLM proposes to charge payments to an expired appropria- tion M account, but does not make clear whether it intends to restore any expired surplus obligation authority to the M account in order to record the obligation. As discussed below, we conclude that only appropriations current as of the date of the award are available for reimbursement of the permanent judgment appropriation by BLM. oa t j !

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