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B-291947 1 (2003-08-15)

handle is hein.gao/gaobacyjv0001 and id is 1 raw text is: im G A 0Comptroller General . .Accountability * Integrity * Reliability of the United States United States General Accounting Office Washington, DC 20548 Decision Matter of: General Services Administration: Real Estate Brokers' Commissions File: B-291947 Date: August 15, 2003 DIGEST The General Services Administration (GSA) may enter into proposed contracts with real estate brokers without augmenting its appropriations since the proposed contracts do not contemplate the government receiving funds from the brokers. Services rendered under a formal contract at no cost to the United States do not constitute an acceptance of voluntary services under 31 U.S.C. § 1342. DECISION The Associate General Counsel, Office of General Counsel, Real Property Division of the General Services Administration (GSA) requests a decision from this Office regarding GSA's proposal to enter into a contract with real estate brokers to represent GSA's interests in lease acquisition and related services for which GSA would not pay the brokers. Instead, GSA proposes to offer the brokers the right to represent GSA in their respective real estate markets and brokers would receive commissions from owners and landlords of real estate in accordance with industry practice. As we understand GSA's proposal, we conclude that it may contract with brokers for lease acquisition and related services at no cost to the government without augmenting its appropriations. Also, the services contemplated to be rendered under the brokers' contract at no cost to the government would not constitute an acceptance of voluntary services under 31 U.S.C. § 1342. This decision does not address the soundness of the terms of the contract or advisability of entering into such contracts.

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