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B-204388 L/M 1 (1982-01-05)

handle is hein.gao/gaobadtjx0001 and id is 1 raw text is: / ...-: ... f: At A UNITED STA _S GENERAL ACCOUNTING OFFICE WASHINGTON, D.C. 20548 OPP= OF GVrPAL COUNSEL B-204388 January 5, 1982 The Honorable Kevin D. Rooney Assistant Attorney General for Administratio, United States Department of Justice Dear Mr. Rooney: This refers to your letter of August 5, 1981, seeking clarification of our decisions concerning ratification of unauthorized commitments. You point out that FPR § 1-1.405 (1964 ed. amend. 137) provides for ratification of an other- wise proper contract by a contracting officer where it is determined that such a contract or commitment is one that would have been authorized at the time of award. Yet you note that our decisions appear to authorize ratification in a case where Davis-Bacon Act provisions were ignored (B-197129, December 31, 1979), and where an award was made without regard to the requirements for formal advertising (B-196700, January 9, 1980). On the other hand, you also note that in B-195566, March 17, 1980, we denied payment for printing services rendered outside the provisions of 44 U.S.C. § 501. You state that our decisions have led you to believe that the determination as to what constitutes an other- wise proper award may be discretionary and more flexible than previously believed by your department. Thus, you ask us to address the meaning of otherwise proper as that term is used in FPR § 1-1.405. You advise that of the requirements which must be met before a proper award can be executed, availability of pertinent fiscal year funds is perhaps the most critical, followed by the required determination respecting obtainment of maximum practicable competition.