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B-240264 1 (1994-02-07)

handle is hein.gao/gaobadoeu0001 and id is 1 raw text is: I ComptroUer General of the United Stte Wa tn, ulDA ,2048 Decision Matter of: Incremental Funding of U.S, Fish and Wildlife Service Research Work Orders File: B-240264 Date: February 7, 1994 DIGEST The Fish and Wildlife Service may not incrementally fund research worc orders performed across fiscal years because the research work orders are considered entire for purposes of the bona fide need rule, and thus chargeable to the appropriation available at execution rather than funds current at the time the research is performed. The Service should charge subsequent modifications increasing the amount allotted to the original appropriation because the Service anticipated increasing the funding available for the research when the research work order was issued. DECISION The Chief, Division of Contracting and General Services, Fish and Wildlife Service, U.S. Department of the Interior, asks whether research work orders issued under cooperative assistance agreements may be funded incrementally or whether funds must be fully obligated at the inception of each work order. For the reasons discussed below, we conclude that the Service may not incrementally fund research work orders of multiple year duration that are nonseverable. BACKGROUND Under Public Law 86-686, 74 Stat. 733 (1960), as amended, 16 U.S.C. §§ 753a and 753b (1988), the Secretary of the Interior is authorized to enter into cooperative agreements for fish and wildlife research with colleges and universities, state agencies, and nonprofit organizations. The statute limits federal participation in this joint research effort to the assignment of scientific personnel; to the provision of assistance (including reasonable financial assistance) for the work of researchers on fish and wildlife ecology and resource management projects; to the supply of equipment; and to the payment of incidental expenses of federal personnel and employees of cooperating agencies assigned to the cooperative units. Most of the funding contributed by the federal government for the actual research comes from various programs under the Service's annual resource management appropriation. The Service currently operates 41 cooperative units at 40 state university campuses in 38 states.

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