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B-196953 1 (1978-12-04)

handle is hein.gao/gaobabjpz0001 and id is 1 raw text is: 


                 COMPTROLLER GENERAL OF THE UNITED STATES
                           WASHINGTON. D.C. 20348



    B-196953                                       December 4, 1979


    Mr. Donald F. Terry
    Executive Director
    Federal Mine Safety and Health     .
       Review Commission

    Dear Mr. Terry:

        On September 28, 1979, you requested ourViews on a proposed
   Vendment to t-   administrative service agreement between-the
Seneral Services Administration (GSA) and your Co2mission. Under        (7
   the proposed change, the Commission would assule the authority for
   certification of its own vouchers from GSA. Since certification
   authority is inherent in the Commission's status as an independent
   Federal agency, we would have no objection to the proposed amend-
   ment. However, we are providing information you may wish to con-
   sider before going ahead with the proposed changes.

        We understand that under a contractual arrangement GSA
   currently provides the Commission with support services including
   audit, certification, and other processing of the Commission's
   expenditure vouchers. Your letter states that the Commission now
   wishes to assume the certification responsibility for its vouchers
   but to continue to have GSA provide the other services necessary
   to effect payment.

        This change would significantly alter your relationship with
   GSA and would be similar to an agreement GSA entered into with the
   Occupational Health and Safety Review Commission. While that agree-
   ment was in the proposal stages, the Assistant Administrator for
   Administration, GSA, inquired about the potential liability of
   GSA certifying officers under such an arrangement. Our decision,
   55 Comp. Gen. 388 (1975), in summary stated:

         General Services Administration officers who perform
         administrative functions relating to final processing
         of expenditure vouchers under interagency service and
         support agreement will not he regarded as-certifying
         officers for purposes of 31 U.S.C. 82c liability to the
         extent that serviced Commission retains certification
         responsibility with respect to basic vouchers.




                           6 79)J

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