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B-331090 1 (2020-06-08)

handle is hein.gao/gaobaebev0001 and id is 1 raw text is: G A O U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Washington, DC 20548 Decision Matter of: U.S. Department of Transportation-Federal Aviation Administration Reimbursable Work Agreement File: B-331090 Date: June 8, 2020 DIGEST In fiscal year 2019, the Federal Aviation Administration (FAA) entered into a reimbursable work agreement to perform aircraft certification services for an airline. We conclude that FAA obligated available budget authority to provide the services, and therefore did not violate the Antideficiency Act. FAA charged the airline a fee for the services FAA provided without authority to do so. As such, FAA must refund improperly collected amounts to the airline. DECISION This responds to a request for a decision regarding a reimbursable work agreement FAA, U.S. Department of Transportation (DOT), entered into with an airline prior to the fiscal year (FY) 2019 lapse in appropriations. Letter from Representative David Price, House Committee on Appropriations, Chairman of the Subcommittee on Transportation, and Housing and Urban Development, and Related Agencies, to Comptroller General (May 22, 2019). The request raises two issues: (1) whether FAA violated the Antideficiency Act when it provided services pursuant to the agreement during the lapse in appropriations; and (2) whether FAA had authority to charge for the services it provided pursuant to the agreement. As discussed below, FAA obligated its Operations appropriation for the services it provided the airline. This appropriation did not expire until September 30, 2019, and had sufficient budget authority to obligate for the services at issue. Therefore, FAA did not violate the Antideficiency Act. While FAA had authority to perform these