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B-280018 1 (2000-01-27)

handle is hein.gao/gaocrptakxh0001 and id is 1 raw text is: 




        Accou,_ntab;ity * Integrity * Reliability
United States General Accounting Office                         Office of the General Counsel
Washington, DC 20548





          B-280018

          January 27, 2000

          Mr. David L. Burich
          Authorized Certifying Officer
          United States Forest Service
          14th & Independence, SW, P.O. Box 96090
          Washington, DC 20090-6090

          Subject: Recovery of payment to Colorado State University

          Dear Mr. Burich:

          This responds to your request for our advice concerning a $425,952 payment by the
          Forest Service for administrative personnel expenses treated as direct, rather than
          indirect, costs under a cost-reimbursable research agreement between the Forest
          Service and the Center for Ecological Management of Military Lands (Center) at
          Colorado State University (University). The Forest Service also paid $42,595 to the
          University as indirect costs, calculated as ten percent of the direct costs, resulting in
          a total payment of $468,547.

          The Inspector General (IG), Department of Agriculture, has questioned the payment
          of this amount, contending that the University had presented insufficient
          documentation of these costs. Given the posture of this matter and the factual gaps
          in the record, we think it is more appropriately resolved by administrative officers
          charged with claims collection responsibilities.' Nevertheless, we are providing the
          following information that may be of assistance to you in analyzing this matter.



          'By law, agencies are required to try to collect all claims owed to the United States
          that arise from their activities. 31 U.S.C. § 3711(a). Until relatively recently, when
          agencies had questions concerning the validity of claims they were trying to collect,
          they could come to this Office to have those claims settled and adjusted pursuant to
          31 U.S.C. § 3702. However, that authority has since been transferred to various
          agencies, including the Office of Management and Budget. 31 U.S.C. §§ 3529,
          3702(a)(4), as amended by Pub. L. No. 104-316, § 202(n)(n), 204, 110 Stat. 3826, 3843-
          44, 3845 (1996).

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