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B-212256 1 (1984-09-18)

handle is hein.gao/gaobadlxe0001 and id is 1 raw text is: THE COMPTROLLER ON AL* L~'J DECISION oF THE UNITER *TATE WASHINGTON, 0.C. 20548 FILE: B-212256 DATE: September 18, 1984 MATTER OF: Propriety of certifying payment of purchase orders DIGEST: 1. Under 44 U.S.C. SS 501, 504, the Forest Service must obtain a waiver from the Joint Committee on Printing (JCP) if it desires to have printing done outside the Government Printing Office. While no waiver is required if the items are pre-printed, any questions concerning whether or not an item involves a printing activity and requires a waiver should be referred to the JCP. Since it was unclear whether the procure- ment of habitat calendars required a waiver, the issue should have been referred by the Forest Service to the JCP. 2. The Forest Service may not purchase even pre- printed calendars and pocKet planners from non- General Services Administration (GSA) sources without first obtaining a waiver from GSA. Cal- endars and pocket planners are listed by GSA as stock items on the mandatory schedule. Under 41 C.F.R. S 101-26-100-2, a waiver from GSA is required prior to purchasing these items from non-GSA sources. The contrary holding in 62 Comp. Gen. 566 (1983) will no longer be followed. 3. Although Forest Service may not ratify purchase of calendars and pocket planners because it failed to obtain required waivers from the Joint Committee on Printing and the General Services Administration (GSA) before purchasing from non-GSA sources, GAO will allow payment on a quantum valebant basis since procurement of the items was not contrary to law, the Government obtained a benefit from the items provided, and the contractor acted in good faith. However, in determining the reasonable value of the items, the Government may not exceed the amount that would have been charged had the items been pro- cured as GSA stock items. See B-213489, March 13, 1984.

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