DEPARTMENT OF THE AIR FORCE WASHINGTON, DC
Office Of The General Counsel
11 September 2002
MEMORANDUM FORAFAA/MSP (MR. ISBELL)
SUBJECT:Military Interdepartmental Purchase Requests (MIPRs) to the General Services Administration (GSA) Under Authority of the Information Technology Management Reform Act (ITMRA)
I understand your questions pertain to instances in which Air Force organizations submit military interdepartmental purchase requests (MIPRs) to the General Services Administration (GSA) pursuant to GSA’s authority under the Information Technology Management Reform Act of 1996 (ITMRA). You are concerned with funds being transferred for a procurement that is not completed until after the expiration of the appropriation for those funds. In such an instance, you ask how long after the expiration of an appropriation is it reasonable for a purchase to be consummated. You also cite instances in which one official procured contractor support for training and another procured contractor mission analysis work by placing the orders with GSA. You question the authority to order such services under ITMRA and request guidance on these issues as well. You also seek assistance in distinguishing between items authorized for purchase under authority of the Economy Act and those appropriate under ITMRA.
In the absence of any other controlling statute, MIPRs will be considered as being issued under the authority of the Economy Act, 31 U.S.C. 1535. Obligation of Funds Under Military Interdepartmental Procurement Requests, B-196404, 59 Comp. Gen. 563 (1980); To the Secretary of Defense, B-121982, 34 Comp. Gen. 418 (1955). When a transaction governed solely by the Economy Act is recorded as an obligation against appropriations whose period of availability expires at a fixed time, the Economy Act requires the deobligation of those appropriations when their period of availability for obligation expires, to the extent that the performing agency has not incurred valid obligations under the agreement.
If the MIPR is governed by some provision of law other than the Economy Act, the requirement to deobligate does not apply. 59 Comp. Gen. at 565; Obligation of Funds for Purchase of Oil for Strategic Petroleum Reserve, B-193005, Oct. 2, 1978; To the Director, Administrative Office of the U.S. Courts, B-186535, 55 Comp. Gen. 1497 (1976). Such is