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B-192859 1 (1979-04-17)

handle is hein.gao/gaobadhdk0001 and id is 1 raw text is: DECISION FIL 0C M THE' COMPTROLLERF GENERAL oF THr- UNITGO STATflS WASHINGTON, D.C. VD40 9p3 O E: B-192859 MATTER DIGEST: DATE: April 17, 1979 OF: Consolidated Post Housing Fund - Reimbursement From Appropriated Funds 1. Nonapi'priated fund instrumentalities differ signifi- cantly from other Government actlviti6s. From appro- priation and pibocurbment standpoint, obtaining goods or services from nonappropriated fund 'instrumentality is equivalent to obtaining them from nongovernmental commercial sources. 2. Attgh sell g goosor proVIig ser4s to Pegu- lar, governmental activities is oufide scope of'proper activities of hnappropriated fund instrumentality, there may be clrtumstances in which it is~necessary for Army to procure from such instrumeziality. In such instances Army, must prepare appropriate sole-source justification establishing its need for such procurement. 3. obligation of the\ited S e We theis biiding-agreemenriposirig liability on both'parties. Such binding agreement requi ies clear mdhifestation of' assent by both pdries. There ihust be'definite offer and positive unequivocal acceptance of it. 4. Mits'of nHshdat`d iostiousing udtGoverning Ciouncilcetii'g, 1i1which coiintiil i rechifirfds'that Hodiii' gFund be reiihLirsed from approjiFiaftdffunds for costs'of custdih1 and maintenance services it providedfor cozfifion use areas of Army quarters, do not constitute definite offer to enter into binding agree- ment. Base commander's approval of such minutes is not positive unequivocal acceptance which would create binding agreement. 5. Since there is ho binding agreement betiven C'onsoli- dated Post Houiing, Fund and Army, Iou'sii'g Fitnd vouchot' may not be paid. However, to e!+L nt that Army has benefited from Housing Fund services, aid if arrangement is ratified by authorized contracting :officer, Housing Fund may be paid on quantuir meiruit basis.

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