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INDEX DIGEST

July 1, 1963—June 30, 1964

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ABSENCES. (See Leaves of Absence)
ADMINISTRATIVE DETERMINATIONS
Conclusiveness

Bid data, information, etc.
Question of whether data and information required to be submitted by
bidders for Govt. contracts meets data furnishing requirements in invita-
tion is factual one primarily for determination by procuring agency and
when good faith explanation is given by procuring agency indicating
that information meets invitation requirements contrary conclusion
will not be made----

Dependency determination
Administrative discontinuance of enlisted member's class Q allotment
upon receipt of information of long, unexplained absence of wife, and
suspension of crediting account with basic allowance for quarters con-
stituting determination of dependency and relationship under secs. 10
and 11, Dependents Assistance Act of 1950, as amended, 50 U.S.C. App.
2210 and 2211, which determination is conclusive and final and not sub-
ject to review in any court or by any accounting officer of Govt., except
for fraud or gross negligence, member is not entitled to be credited fol-
lowing disappearance of wife with basic allowance for quarters on her
behalf; however, should member subsequently establish by acceptable
evidence that he had and has dependent wife and should allotment
for her be reinstated, member would be entitled to retroactive credit for

quarters allowance----
ADVERTISING

Multi-year procurements
l'se of multi-year procurement procedure prescribed in par. 1-322,
Armed Services Procurement Reg., for competitive contracting of known
requirements, under which contract quantities are budgeted and ac-
counted for in accordance with program year in which each quantity
is authorized, no-year funds are used, and reduced unit prices are ob
tained by eliminating repetitive, substantial start-up costs, does not pre-
vent competition by small business concerns or violate Small Business
Act, nothing in procedure restricting placement of contracts with quali-
fied small business concerns, which should find opportunity to spread
start-up costs attractive, does not derogate purposes of advertising
statutes (10 U.S.C. 2304 (a) and 2305), free and open competition being
obtained for Govt.'s known needs, and does not violate principles of
fund obligations, statutory time limits on obligation and expenditure of
funds not applying to no-year funds.

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AGRICULTURE DEPARTMENT
Employees
Inspection and quarantine services
Sunday work as overtime. (See Compensation, overtime, inspectional

service employees, excess of workweek requirement)
Rural Electrification Administration
Loans to cooperatives

Central service limitation
Loan obtained by rural electric cooperative under sec. 4 of Rural
Electrification Act of 1936, 7 U.S.C. 904, which precludes loans to
areas receiving "central station service" so that cooperative could furnish
power to military radar site which was not served by any existing elec-
tric distribution facilities and which was located 4 miles from nearest
facilities that were owned by cooperative is loan to area not receiving
central station service and, therefore, does not violate limitation in
sec. 4 of act--------
Soil bank

Regulation propriety
Agriculture regulation which in effect denies tax liens priority by pre-
cluding withholding of soil bank payments to satisfy debts of farmer
participants to other Govt. agencies where farmer has had prior assign-
ment of payments recorded is proper regulation within broad powers
and discretion vested in Secretary of Agriculture under Soil Bank Act,
7 U.S.C. 1801, et seq., to determine amount and conditions of payments to
carry out purposes of act--

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ALLOWANCES
Family allowances

Separation. (See Family Allowances, separation)
Quarters. (See Quarters Allowance)

Station. (See Station Allowances)
ANNUAL LEAVE. (See Leaves of Absence, annual)
APPROPRIATIONS
Apportionment

Funds, etc., subject to
In view of purpose of 1950 amendment to apportionment requirements
of sec. 3679, R.S., 31 U.S.C. 665, to include all types of funds and appro-
priations not specifically excepted, nonadministrative funds of Federal
Savings and Loan Insurance Corporation must be regarded as subject
to apportionment, and fact that Corporation has authority to determine
its necessary expenditures and manner in which they are incurred,
allowed, and paid does not exclude Corporation from apportionment
requirements of sec. 3679, R.S.------
Augmentation

Official travel reimbursed by private parties
Travel of customs employees incident to unlading of vessels or vehicles
at night, on Sunday or on holiday is travel on official business for which
customs appropriations are available and requiring party-in-interest
to provide transportation before overtime request is granted would
in effect be augmentation of appropriation; therefore, plan to require
owner or agent of vessel or vehicle to furnish transportation is
not authorized.------

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APPROPRIATIONS Continued
Availability
Construction, etc.

Improvements on leased property
Construction of curbs, gutters and sidewalks along boundary of property
leased by U.S. Govt. from Utah State University of Agriculture and
Applied Science for erection of forest service laboratory under 99-year
lease may be regarded as construction on property which is in possession
of Govt. so as to come within meaning of "Government-owned" property
in sec. 9 of act of Oct. 23, 1962, 16 U.S.C. 555b, which makes Forest
Service funds available for assessments by governmental units for con-
struction of sidewalks, curbs, or street paving along boundary of
Govt-owned property, and, therefore, cost of constructing curbs, gutters
and sidewalks on leased property by Utah State University, which is
agency of State of Utah, may be regarded as State assessment and reim-
bursable under act of Oct. 23, 1962..
Contracts
Optional work depending on availability. (See Bids, evaluation,

options, additional amounts, appropriation availability extent)
Entertainment. (See Entertainment)
Objects other than as specified

Related to specified activities
Funds appropriated to carry out research, training, and other activities
in medical and related sciences pursuant to sec. 301, Public Health
Service Act, 42 U.S.C. 241 (Supp. IV), for protection and improvement of
Nation's health may be used to make grants-in-aid for activities designed
to contribute to more effective communication in health field, sec. 301 (b)
of act authorizing, upon recommendation of National Council, adoption
of additional means to carry out activities authorized by sec. 301, and,
therefore, communication research activities, relating to general pur-
poses of sec. 301, may be supported from appropriated funds, however,
where doubt exists as to particular type of communication matter of
supporting activity by grants-in-aid should be submitted to Congress---

Parking space
Lease of land for parking lot for privately owned vehicles of personnel
at Coast Guard base located in area of city where public transportation is
not adequate and parking space on or off nearby streets is nonexistent
may not be regarded as essential to operation and maintenance of base
under 14 U.S.C. 93(j) to justify expenditure of appropriated funds;
therefore, shortage of parking space and inconvenience are not facts
alone which would serve as basis for authorizing use of appropriated
funds to lease space for parking vehicles of Federal employees, and in
absence of specific authorization appropriated funds may not be used
for such purpose-----

Retired military personnel serving at educational institutions
When pursuant to 10 U.S.C. 3540 retired Regular or Reserve members
of Army are detailed for duty as professors and assistant professors of
military science and tactics, and as military instructors at educational
institutions where units of Junior Reserve Officers' Training Corps are
maintained, or at schools and colleges known as “National Defense Cadet
Corps” schools, or are ordered to active duty and assigned to duties
considered necessary in interests of national defense, reimbursement may
not be made to educational institutions for one-halt difference between

573

131

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APPROPRIATIONS Continued
Availability Continued

Retired military personnel serving at educational institutions Con.
going rate for high school teachers of these subjects in their localities
and retired pay of military personnel involved, members so detailed
or so assigned being on active duty are entitled to active duty pay and
allowances, and subsidy payments contemplated not being within scope
of 10 U.S.C. 3540, there is no authority to pay educational institutions
for teachers' salaries from appropriated funds-----
Federal aid to States. (See States, Federal aid, grants, etc.)
Federal grants, etc., to other than States. (See Funds, Federal grants,

etc., to other than States)
Obligation
Contracts

Future needs
Use of multi-year procurement procedure prescribed in par. 1–322, Armed
Services Procurement Reg., for competitive contracting of known require
ments, under which contract quantities are budgeted and accounted for
in accordance with program year in which each quantity is authorized,
no-year funds are used, and reduced unit prices are obtained by eliminat-
ing repetitive, substantial start-up costs, does not prevent competition
by small business concerns or violate Small Business Act, nothing in
procedure restricting placement of contracts with qualified small busi-
ness concerns, which should find opportunity to spread start-up costs
attractive, does not derogate purposes of advertising statutes (10 U.S.C.
2304 (a) and 2305), free and open competition being obtained for Govt.'s
known needs, and does not violate principles of fund obligations, statu-
tory time limits on obligation and expenditure of funds not applying
to no-year funds_
Veterans Administration

Ceremonies honoring volunteer workers
Although general appropriation of Veterans Admin. is not available to
provide dinner, luncheon, or refreshments at annual recognition cere
mony at which volunteer workers at outpatient clinics receive awards or
are honored for services to veteran patients, meals or refreshments
constituting entertainment for which appropriated funds may not be
expended absent specific statutory authority, provision in Independent
Offices Appropriation Act, 1963, approved Oct. 3, 1962, authorizing
Veterans Admin. to spend $1,000 for official reception and representative
expenses, if continued in future appropriations could be used to provide
meals or refreshments at award ceremonies.-
ATTORNEYS
Hire
State agencies

Approval by United States
Requirement for advance approval for employment of private attorneys
by States participating in Federal aid highway program as stated in
policy and procedures memorandums issued by Federal Highway Ad-
ministrator, which memorandums set forth operating rules for program
so that they have force and effect of law, is requirement which must be
uniformly applied to all States; therefore, retroactive waiver for one
State of advance approval requirement for employment of attorneys
is not within authority of Administrator and Federal aid payments made
on basis of such retroactive waiver must be disallowed.--------

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AWARDS
Suggestions, etc.
Authority

Inventions outside position
Nuclear physics invention which was developed outside normal require
ments of duties of position by employee who received award under Title
X, Classification Act of 1949, which authorizes awards for increased
efficiency and economy in administration, may not be regarded as con-
tribution in area of "administration" which pertains to organization,
methods, procedures and utilization of personnel resulting in savings so
as to be properly for award under Title X; therefore, if award under
Title X is set aside, employee may receive beneficial suggestion award
under Title III, Government Employees' Incentive Awards Act of 1954.

Recording, etc., of Government's rights
Govt. when authorized to use invention for which employee had been
granted and had accepted incentive award under Title III of act of
Sept. 1, 1954 (5 U.S.C. 2121-2123), acquired rights conferred by law
that requires no implementation, provisions of 5 U.S.C. 2123(a) being
self-executing require no license, and rights affecting only Govt. and
inventor-employee, his heirs, and assigns, no public record other than
incentive award is necessary to secure Govt.'s rights.--

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Royalties charged licensees selling to Government
Rights acquired by Govt. under 5 U.S.C. 2123(d) to use invention free
of any claim from inventor-employee, his heirs or assigns, do not affect
agreements between inventor and licensees, and licensee although re
quired to pay royalty to inventor for items sold Govt. cannot be required
to reduce its price to Govt. by amount of royalty, and while inventor
could grant license exempting items sold to Govt. from royalty, there
is no legal requirement for him to do so.---.

Use by Government
Upon acceptance of cash incentive award, made under Title III of act
of Sept. 1, 1954, 5 U.S.C. 2121-2123, by employee for his invention on
which patent is pending, Govt. pursuant to sec. 304 (d) of act, 5 U.S.C.
2123(d), acquired use of invention in any manner necessary or desirable
in performance of its authorized functions, and acceptance of award
constituting agreement which in effect conferred license, Govt. may use
invention without paying inventor anything beyond award, including
royalty and, therefore, without incurring any liability Govt. may contract
with others to manufacture item for its use, and may modify existing

properties to employ principles of invention.--
BIDDERS
Qualifications
Administrative determinations

Subsequent to certificate of competency
Referral of bidder's qualifications by contracting officer under par.
1-705.6(b), Armed Services Procurement Reg., to Small Business Admin.
for consideration under certificate of competency procedure before
rejecting bid for lack of responsibility as to capacity or credit does not
preclude contracting officer after issuance of COC, which is conclusive as
to bidder's capacity or credit, from considering factors outside scope of
COC contracting officer's determination to submit question of bidder's
responsibility for COC consideration not constituting irrevocable deter-

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