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B-237127 1 (1989-12-12)

handle is hein.gao/gaobacsob0001 and id is 1 raw text is:                                                              205
United Stew.
General Accounting Office
iggn,   D.C. 20548

ogee of the General Counsel

B-237127

December 12, 1989


Roy  J. Heinbuch, Chief
office  of Financial Management
Department  of the Interior
Geological  Survey

Dear  Mr. Heinbuch:

This  responds to your letter  of September 25, 1989 asking
for  our opinion on whether  the U.S. Geological Survey (USGS)
can  institute a budget plan  bill paying system with local
gas  and electric utility companies.   In our view, such a
system  would involve unauthorized  adva  e payments and thus
be  prohibited by 31 U.S.C. S  3324(a).

In  your letter you stated that  the USGS's accounting system,
the  Federal Financial System, has  the capability to
automatically  process recurring  payments such as the utility
bills  sent to your many widespread  facilities and processed
monthly  by your central payment  office.  You stated that
you  are seeking to use this feature  to reduce paperwork and
the  time and effort involved  in processing payments by
using  budget plans with local  utility companies wherever
possible.   This would involve agreements  with the companies
for automatic  monthly or quarterly payments  of predetermined
amounts,  with an end-of-year 'adjustment'  if necessary.*
You raise  the question whether this method  of processing
utility bills  would constitute a  form of impermissible
advance payment.

31 U.S.C.  S 3324(a)4'1982) prohibits the  U.S. Government
from paying  in advance for goods and services.   [A] payment
under a contract  to provide a service  . . . for the United
States Government  may not be more than  the value of the
service already  provided . . . .  In  the case of utility
service this means  that the government can  pay only for
service already  rendered rather than on  an advance basis, as
utility c apanies  often arrange with other  customers.
B-158453, Feb. 10,  1966.
In 42 Comp. Gen.  659()1963) we held that a proposed  billing
change to provide  for the advance payment of  local telephone
service may not be  approved.  We noted that  exceptions to
Section 3324 have been  extended only when provided  for in

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