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B-196981 1 (1981-01-16)

handle is hein.gao/gaobacuto0001 and id is 1 raw text is: GAO/576 United States General Accounting Office Office of Washington, DC 20548 General Counsel In Reply Refer to: B-196981 January 16, 1981 The Honorable Mary Eastwood Acting Special Counsel Office of the Special Counsel 1717 H Street, NW. Washington, D.C. 20414 Dear Ms. Eastwood: As you know, the Office of Special Counsel has requested our opinion on whether it has its own procurement authority that it can exercise without clearance or approval from the Merit Systems Protection Board (1iSPB). _This question had been under active consideration by our Office for some time. However, before we were able to c6mplete our analysis and reach a final decision, we learned that on November 21, 1980,1 a suit was filed in the United States District Court for the District of Columbia by the MSPB against you individually and in your official capacity as Acting Special Counsel-. In essence, the complaint alleges that although the Chairwoman of the MSPB is by statute MSPB's chief administrative and budgetary officer with responsibility for its fiscal administration, you, as Special Counsel -- the head of a sub- unit of the MSPB -- have refused to comply with the Chairwoman's directives, asserting that you have independent administrative and budgetary authority, Since procurement authority is obviously part of the general administrative authority with which the lawsuit is involved, it would appear that any substantive judicialdisposition of the lawsuit would necessarily resolve your question to us. It is the consistent Position of ourlOffice not to express our views with respect to matters which are currently the subject of pending litigation. See Sovereign Construction Company, LTD; City of Philadelphia, B-185874, March 8, 1977, 77-1 CPD 168; Union Carbide Corporation, 56 Comp. Gen. 487 (1977), 77-1 CPD 243; Nartron Corporation, 53 Comp. Gen. 730 (1974), 74-1 CPD 154; Lametti & Sons, Inc., 55 Comp. Gen. 413 (1975), 75-2 CPD 265; Cubic Western Data, Inc., B-189578, October 7, 1977, 77-2 CPD 279; and other cases cited in these decisions.

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