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B-230382 1 (1989-12-22)

handle is hein.gao/gaobadnqw0001 and id is 1 raw text is: 


LThe Comptroller General
            of the United States
SEWashington, D.C. 20548
            Decision


                       Department of The Army--Claim of the Hyatt

            Matter of- Regency Hotel

            File:      B-230382

            Date:       December 22, 1989

            DIGESTS

              1. The Department of the Army may not use appropriated
              funds for payment of entertainment expenses such as meals,
              coffee breaks or buffets for employees attending an Army
              Audio-Visual Conference at their official duty stations.
              The Army, however, may use appropriated funds to pay costs
              resulting from an attendance guarantee of 300 persons for
              luncheon. Meal expenses of personnel attending the Army
              conference while on travel duty should be charged to their
              travel allowances.

              2. The Army may not reimburse the Hyatt Regency Hotel for
              food and refreshments served. Payment may not be made on a
              quantum meruit basis where the Army could not have procured
              the goods or services had formal procedures been followed.

              DECISION

              The Finance and Accounting Officer, Anniston Army Depot, has
              asked, under our doubtful claim procedures, whether he
              should pay a claim by the Hyatt Regency Hotel for $4,239.94
              in food and refreshment charges. We conclude that only the
              luncheon guarantee costs should be paid.

              BACKGROUND

              In 1986, the Department of the Army chose Lexington,
              Kentucky, as the site for its World-Wide Audio Visual
              Conference. Mr. Arnold Talbott, audio visual manager at the
              Lexington Blue Grass Army Depot (LBAD), was selected to
              coordinate the conference by his immediate supervisor.
              Mr. Talbott chose the nearby Hyatt Regency Hotel as the
              conference site. On July 15, 1986, he entered into a
              written agreement with Hyatt even though he was not a
              contracting officer and, under Army regulations, had no
              authority to enter into contracts on behalf of the
              government. See Army FAR Supplement 1.670-1 (1985). In







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