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B-196440 1 (1980-04-03)

handle is hein.gao/gaobadidr0001 and id is 1 raw text is: FILE: B-196440 THE COMPTROLLER GENERAL OF. TO E UNJTEO STATES WASHINGTON, D. C. 20548 DATE: April 3, 1980 MATTER OF: yment for Newspaper Advertisements Without Prior Authorization7 DIGEST: Costs of newspaper advertisements to recruit personnel placed without prior written authority by the head of the Department or his representative may not be paid because such payment is expressly prohibited by 44 U.S.C. § 3702 (1976), regardless of urgency of need and inability to recruit through normal channels. Ratification after advertising services are rendered does not remove the statutory bar against payment. 35 Comp. Gen. 235 (1955). Publisher's claims will be submitted to Congress pursuant to Meritorious Claims Act of April 10, 1928, because of equitable considerations in this case. Through the Navy Regional Finance Center, the Director, Joint Cruise Missiles Project, Department of the Navy, has requested that we authorize payment for advertisements placed in The Washington - Post and The Washington Star. An unassociated claim from Head- quarters, Aeronautical Systems Division, Wright- Patterson Air Force Base, for advertisements placed in The Dispatch (Lexington, North Carolina) was also forwarded to us by the Navy tegional Finance Center. The advertisements were placed in the Washington, D.C., news- papers to fill four Air Force temporary positions to provide support to the Source Selection Evaluation Board which would be in operation for about one year. The positions were for administrative assistant, at a salary of $11, 712 to $15, 222 and clerical positions at salaries from $9, 391 to $12, 208. We are advised that the normal methods of recruit- ing did not produce qualified candidates. An official from the Head- quarters, Aeronautical Systems Division at Wright-Patterson Air Force Base, wrote to us to explain that that Office was aware of and agreed with the Joint Cruise Missiles Project Office's (JCMPO) plan to place advertisements with these newspapers, although it assumed that this would be accomlshed through appropriate procedures. In the case of he Dispatch, the advertisement was placed by a Navy Recruiter who, like the JCMPO, failed to follow established procedures for placing the advertisement. I ~ -1I- \\lqql I I - -r w AAI kwn L,4 ,.) P V 1-1-iAR fldve iz T,:5 iA)& -

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