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B-286536 1 (2000-11-17)

handle is hein.gao/gaocrptalgd0001 and id is 1 raw text is: 



                   -e GeAtOa
 __Comptroller General
                                                                  of the United States
United States General Accounting Office
Washington, DC 20548

         Decision


         Matter of: Prize Drawing by General Services Administration's Public Buildings
                     Service

         File:       B-286536

         Date:       November 17, 2000

         DIGESTS

         1) The General Services Administration's (GSA) Public Buildings Service (PBS)
         distributes customer surveys to employees of tenant-agencies in GSA-managed
         buildings in order to develop customer satisfaction information. To enhance the
         response rate to the surveys, PBS proposes to use the Federal Buildings Fund to
         provide work-related prizes to survey recipients whose names PBS chooses in a
         drawing connected to the survey. Since GSA has established that customer
         satisfaction information is useful in carrying out its statutory mission to operate,
         maintain and protect federally owned and leased buildings, and since the survey
         recipients have no statutory, regulatory or employment-related duty to reply to the
         survey, we have no objection to GSA's use of the Federal Buildings Fund for this
         purpose.

         2) Because an award of prizes in a drawing accompanying a survey might be
         construed to contain elements of a lottery prohibited by certain federal criminal
         statutes and regulations, see 18 U.S.C. §§ 1301-1304, GSA should consult with the
         Department of Justice to ensure that its proposal is not a prohibited lottery before
         spending appropriated funds as proposed.

         DECISION

         By letter of October 11, 2000, the General Services Administration (GSA) requested
         an advance decision on whether the Public Buildings Service (PBS) may use
         appropriated funds to pay for prizes in a drawing held in connection with customer
         satisfaction surveys. PBS proposes to conduct the drawing and award prizes in
         order to increase the response rate to customer satisfaction surveys and achieve a
         statistically valid representation of the satisfaction level of its customers. We

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