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B-221536 1 (1986-06-12)

handle is hein.gao/gaobadmiv0001 and id is 1 raw text is: OECISION FILE: B-221536 THE COMPTROLLER GENERAL OF THE UNITEO *TATEU WASHINGTON. D.C. 20546 DATE: June 12, 1986 MATTER OF: Propriety of purchasing pen refills for pens purchased at personal expense DIGEST: 1. The Office of Personnel Management may properly use appropriated funds to purchase refills for pens initially purchased at personal expense but since used strictly in the conduct of Government business. As office supplies, pens and pen refills are considered necessary expenses aris- ing out of and directly related to the work of an agency. Where the needs of the Government require the use of particular items (such 'as pens), thereby making appropriated funds avail- able for their purchase, it is proper to use appropriated funds to maintain in workin order similar employee-owned items, which are tsed in the conduct of Government business. 2. Since pen refills, as well as pens themselves, are ordinary stock items listed in the General Services Administration's (GSA) mandatory supply schedule, their procurement is governed by the mandatory source requirements of 41 C.F.R. 101-26.301. Absent the applicability of an exception provided in 41 C.F.R. S 101-26.301, the Office of Personnel Management may not pur- chase pen refills from non-GSA sources unless it first requests and receives a waiver from GSA on the grounds that the pen refills available from GSA stock will not serve the functional end-use purpose of other types of pen refills proposed to be purchased. By letter dated December 24, 1985, we have been asked by the Chief of the Acquisitions Branch of the United States Office of Personnel Management (OPM) to issue an advance deci- sion concerning the propriety of using appropriated funds to purchase refills for pens that were not originally purchased at Government expense. For the reasons indicated below, we con- clude that the refills may be purchased using appropriated funds. They may be purchased from commercial sources, however, only if there is an applicable exemption to the regulatory requirement that ordinary stock items be purchased exclusively from the General Services Administration (GSA), or if GSA 05S7 11.

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