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B-226248 1 (1987-05-13)

handle is hein.gao/gaobadmrm0001 and id is 1 raw text is: tv rl TA, BThe Comptroller General of the United States Washington, D.C. 20548 Decision Matter of- New York Daily News File: B-226248 Date: May 13, 1987 DIGEST Recruitment advertisement was published in New York Daily News based on a procurement request signed by an Environ- mental Protection Agency (EPA) Assistant Regional Adminis- trator. Authority to approve publication under 44 U.S.C. § 3702 had been delegated to regional contracting officers. Since delegation under the statute is legally permissible, and since there was prior written authorization, albeit by the wrong person, EPA may ratify the action. DECISION The Chief of the Quality Assurance Section, Procurement and Contracts Management Division, Environmental Protection Agency (EPA), has asked whether, in view of 44 U.S.C. 5 3702, EPA can ratify a contractual commitment made by the wrong person to publish an advertisement in a newspaper. Section 3702 of title 44, United States Code, provides that: Advertisements, notices, or proposals for an executive department of the Government, or for a bureau or office connected with it, may not be published in a newspaper except under written authority from the head of the department; and a bill for advertising or publication may not be paid unless there is presented with the bill a copy of the written authority. Section 1501.670-7 of title 48, Code of Federal Regulations, part of EPA's Acquisition Regulations, provides that: EPA is not authorized to ratify improperly ordered paid advertisements. Therefore, the cognizant paying office shall return to the Contractor all voucher claims not accompanied by a written prior authorization. If there was not prior authorization, the paying office shall ( 3 4d/'

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