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Definition of "Agency" for Economy Act


civ_1102

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Can anyone point to a good discussion or definition as to what constitutes an "agency" for purposes of the Economy Act. My office needs to negotiate a contract

or agreement with a federally chartered inter-state transportation authority (not an actual federal agency). I do not believe it can be done through the Economy Act, but I would like some more background.

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Guest carl r culham

civ - Have you checked out Volume IV, Chapter 15 of the GAO Handbook Principles of Federal Appropriation Law (Red Book)? Especially see Chapter 15 Section B.b. starting at Page 15-29 "How is Covered".

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Guest Vern Edwards

Vol. IV of Principles (the Red Book) no longer exists. It was replaced by the 2008 third edition of Vol. III.

In any case, the Economy Act applies only to federal agencies and instrumentalities. See Vol. III, page 12-32:

The common thread of applicability is that the entity in question must be an agency or instrumentality of the United States government. Accordingly, the Economy Act does not apply to the District of Columbia Government. 50 Comp. Gen. 553, 556 (1971); B-107612, Feb. 8, 1952. (As we will see later, there is separate legislation applicable to the District of Columbia.) It also does not apply to the National Guard, except possibly when the Guard is called into federal service. B-152420, Oct. 3, 1963, aff'd on reconsideration, B-152420, Feb. 25, 1964. Nor does it apply to Indian tribes (B-44174, Sept. 6, 1944), agencies of the United Nations (23 Comp. Gen. 564 (1944)), American Samoa (B-194321, Aug. 7, 1979), or a presidential inaugural committee (62 Comp. Gen. 323, 330 (1983)).

There are also a few instances in which entities that clearly are agencies or instrumentalities of the United States, or which are treated as such for other purposes, are not covered. For example, the Postal Service, although clearly an instrumentality of the United States, is subject only to those statutes specifically designated in the Postal Reorganization Act; however, the Economy Act is not one of the statutes designated.58 Comp. Gen. 451, 459 (1979). It also does not apply to nonappropriated fund instrumentalities. 64 Comp. Gen. 110 (1984).

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