COMPTROLLER'S MEMORANDUM NO. 11 (1991-92)
SUBJECT: CONTRACTUAL SERVICES - CONTRACTS
SIGNED AFTER SERVICES ARE RENDERED
We have reviewed this matter and concluded that when services are rendered prior to the execution of the contract by both parties and the agency head has not within 30 days after the contractor began rendering services, certified a valid emergency, or in the absence of a valid emergency certified the conditions and circumstances which caused the noncompliance, the only legal basis for making payment for the services is a settlement agreement. In such cases it will be necessary for the agency and the contractor to enter into a settlement agreement, which must be approved by this office in accordance with instructions provided in Comptroller's Memorandum No. 4 (1987-88), in order to process payment for services rendered.
Please contact the Bureau of Auditing
at 488-4094, SUNCOM 278-4094 if you have questions.