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112006 1 (1980-04-02)

handle is hein.gao/gaobacxsy0001 and id is 1 raw text is: 





UNITED STATES GENERAL ACCOUNTING  OFFICE
            REGIONAL  OFFICE
        SUITE 300-D, 2420 W. 26TH AVENUE
        DENVER, COLORADO   8021.1


APR   2 191,0


Mr. Kenneth Payton, Area Director
U.S. Bureau of Indian Affairs
Albuquerque Area Office
P.O. Box 8327
Albuquerque, New Mexico  87198


112006


Dear Mr. Payton:

     During our  eview of yearend spending practices at your agency,
we found 22 procurement actions that appear to viola e various
appropriation provisions.  We found cases in which contracts or
modifications were funded with expired appropriations in violation
of the Anti-Deficiency Act, 31 U.S.C. 665, and improperly recorded
as obligations in the prior fiscal year, in violation of 31 U.S.C.
200(a).  We also found cases in which annual appropriations were
used to purchase products or services which did not appear to fulfill
a bona fide need of that fiscal year.  This violates 31 U.S.C.
712(a) and numerous decisions of the Comptroller General issued
thereunder.  For your reference we have cited the above-mentioned
statutes in enclosure II of this letter.

     Ten of the procurement actions were contracts awarded under
Public Law 93-638 (The Indian Self-Determination and Education Assistance
Act of 1975).  Eight of these contracts were, according to the contract
files, fully funded contracts to which additional funds were added
without increasing the amount of services to be provided under the
contract, and with no request for additional funds from the contractor
or any indication of a bona fide need.  The remaining two contracts
had additional funds added without a written agreement between the
Government and the contractor to support the obligation.

     Details of the contracts are in enclosure I to this letter.

     Unless you furnish documentary evidence to the contrary, or take
action to correct the defects, any past or future payments under the
contracts may be subject to exception.


     7:.
/ K


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