United States Government Publishing Office publisher pbl distributor dst United States Government Accountability Office author aut Government Organization text government publication eng GAOREPORTS Legislative Agency Publications gao_comptroller_general legislative 2016-06-24 U.S. Government Publishing Office 2007-08-17 monographic deposited born digital 11 p. GA 1.13:B-309181 https://www.govinfo.gov/app/details/GAOREPORTS-B-309181 P0b002ee18fd4d6ad f:309181 DGPO 2016-06-24 2016-06-24 GAOREPORTS-B-309181 machine generated eng fdlp COMPTROLLERDECISION GAOREPORTS-B-309181 B-309181 Comptroller General Decision Without a delegation from the General Services Administration or independent statutory authority to enter into a lease, neither GovWorks (a Department of the Interior franchise fund) nor the Counterintelligence Field Activity (CIFA) of the Department of Defense (DOD) had authority to obtain office space through a third-party lease. Unless ratified by an appropriate government official, the agreement for office space is unenforceable against the government. GovWorks and CIFA cannot circumvent federal statutory and regulatory requirements on leasing by bundling the lease agreement in a contract for services. Without ratification, all payments made under this third-party lease are improper payments, and DOD and GovWorks should take appropriate action to resolve them.<p/> There is no evidence to suggest that CIFA violated the Antideficiency Act. Although CIFA and GovWorks entered into an agreement to obtain office space through a third-party lease without requisite authority, CIFA does have an appropriation that is otherwise available for the purpose of leasing office space--the Operation and Maintenance, Defense-wide appropriation. CIFA recorded these costs as obligations of this appropriation and transferred funds to GovWorks to pay for them. There is no indication, however, that CIFA recorded or transferred amounts in excess of or in advance of the appropriation. The conclusion that neither CIFA nor GovWorks violated the Antideficiency Act does not diminish or excuse CIFA's and GovWorks's disregard of federal statutes and policy, involving the government in an unauthorized transaction and millions of dollars of improper payments. https://www.govinfo.gov/content/pkg/GAOREPORTS-B-309181/html/GAOREPORTS-B-309181.htm https://www.govinfo.gov/content/pkg/GAOREPORTS-B-309181/pdf/GAOREPORTS-B-309181.pdf GAO/B-309181 https://www.govinfo.gov/app/details/GAOREPORTS-B-309181 Comptroller General Decision GAO/B-309181; B-309181, Interagency Agreements--Use of an Interagency Agreement between the Counterintelligence Field Activity, Department of Defense, and GovWorks to Obtain Office Space, August 17, 2007; Title 5 Appendix 1 Title 5 Appendix 40 5 U.S.C. App. 1 5 U.S.C. App. 40 Volume 108 Page 3410 108 Stat. 3410 Volume 110 Page 3009 110 Stat. 3009 Volume 116 Page 1519 116 Stat. 1519 Public Law 103-356 Public Law 104-208 Public Law 107-248