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____
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
Use 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.
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___
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____
ALLOWANCES
Family allowances
Separation. (See Family Allowances, separation)
Quarters. (See Quarters Allowance)
Station. (See Station Allowances)
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..
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__.
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.
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 (h) 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-half difference between
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___
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
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...
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(d) 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---- 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_.
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
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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