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B-251706 1 (1994-08-17)

handle is hein.gao/gaobadoey0001 and id is 1 raw text is: 


,z         Comptroller General
           of the United States                                      926228
           Washlngton, D.C. 20548

           Decision




           Matter of:      Farmers Home Administration (FmHA) purchase

                           of office chairs

            File:          B-251706

            Date:          August 17, 1994

            DIGEST

            1.   The Farmers Home Administration (FmHA) improperly
            reobligated and expended FY 1990 funds for a FY 1991 order
            of office chairs after the original order was canceled.
            Although FY 1990 funds were unavailable to support the
            FY 1991 order, FmHA need not report an Antideficiency Act
            violation, since sufficient funds remained in the proper
            appropriation chargeable for the FY 1991 order.

            2. While FmHa did not request delivery of chairs ordered
            during FY 1991 until early in FY 1992, no violation of the
            bona fide need rule occurred because the agency demonstrated
            a continuing need for the chairs to furnish office space and
            to replace stock. Items ordered under a federal supply
            schedule are properly chargeable to the year in which
            ordered.

            DECISION

            The Deputy Administrator for Management, Farmers Home
            Administration (FmHA), U.S. Department of Agriculture,
            Washington, D.C. (the Department), asks whether certain
            obligations FmHA incurred for the purchase of office chairs
            violated the Antideficiency Act. For the reasons indicated
            below, we find no reportable Antideficiency Act violation.

            BACKGROUND

            In June 1990, FmHA management approved funding for moving
            and improving the agency's headquarters office space in
            Washington, D.C. This project included sizeable
            procurements of modular office furniture. As part of this
            overall acquisition, FmHA, on September 11, 1990, issued two
            delivery orders, each for 225 ergonomic office chairs from a
            vendor under a General Services Administration (GSA) federal
            supply schedule contract, with delivery on or before
            September 28, 1990. FmHA charged fiscal year 1990 funds for
            the orders. FmHA delayed the orders, however, because the
            office space was not ready, and in October 1990, the agency

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