B-140995, OCT. 28, 1959

B-140995, OCT. 28, 1959

TO THE HONORABLE WARREN OLNEY III, DIRECTOR, ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 14, 1959, REQUESTING A DECISION AS TO THE PROPRIETY OF AMENDING CONTRACT NO. USCA-2816 ENTERED INTO WITH BOBBS-MERRILL COMPANY, INC., ON MARCH 15, 1956, TO COVER PUBLICATION OF A SUPPLEMENT TO THE CUSTOMS LAW DIGEST NOW BEING PREPARED AND PUBLISHED UNDER THAT CONTRACT.

CONTRACT NO. USCA-2816 WAS ENTERED INTO AS A RESULT OF COMPETITIVE BIDS HAVING BEEN SOLICITED, ALTHOUGH ONLY ONE BIDDER (THE CONTRACTOR) HAD SUBMITTED A BID IN RESPONSE TO THE INVITATION FOR BIDS. THE CONTRACT COVERS THE PREPARATION AND PUBLISHING OF THE CUSTOMS LAW DIGEST WHICH WILL INCLUDE VOLUMES 1-33 OF THE CUSTOMS COURT REPORTS AND VOLUMES 1-42 OF THE APPELLATE CUSTOMS COURTS. DURING THE THREE YEAR PERIOD IN WHICH THE CONTRACT WORK HAS BEEN PROGRESSING, EIGHT VOLUMES OF THE CUSTOMS COURT REPORTS AND FOUR VOLUMES OF REPORTS OF THE COURT OF CUSTOMS AND PATENT APPEALS WILL HAVE BEEN PUBLISHED. IN ORDER TO BRING THIS DIGEST MORE UP- TO-DATE IT IS PROPOSED TO NEGOTIATE A CONTRACT WITH THE PRESENT CONTRACTOR TO PREPARE A SUPPLEMENT COVERING THESE 12 VOLUMES, AND THIS SUPPLEMENT IS TO BE INTEGRATED INTO AND MADE A PART OF THE DIGEST NOW BEING PUBLISHED. IT IS STATED THAT IN VIEW OF THE FACT THAT THE CONTRACTOR WILL HAVE PREPARED THE PARENT DIGEST, AND THE FACT THAT IT WILL HAVE COMPLETED THE COMPREHENSIVE DIGEST PLAN AND SCHEME, IT WOULD BE WHOLLY IMPRACTICAL FOR THE SUPPLEMENT TO THE DIGEST TO BE MADE BY ANOTHER LAW PUBLISHER. ALSO, YOU STATE THAT IN VIEW OF THE MANY INCREASES IN EDITORIAL COSTS, MATERIAL, AND PRINTING COSTS WHICH HAVE TAKEN PLACE DURING THE THREE YEAR PERIOD OF PREPARATION OF THE DIGEST, YOU ARE OF THE OPINION THAT NO OTHER LAW PUBLISHER OF THE EDITORIAL CAPABILITIES REQUIRED WOULD DESIRE TO UNDERTAKE THE PREPARATION AND MAKING OF THE SUPPLEMENT.

OUR OFFICE HAS HELD THAT ORDINARILY AN EXISTING CONTRACT MAY NOT BE EXPANDED SO AS TO INCLUDE ADDITIONAL WORK OF ANY CONSIDERABLE MAGNITUDE, WITHOUT COMPLYING WITH THE REQUIREMENT FOR ADVERTISING UNDER SECTION 3709, REVISED STATUTES, UNLESS IT CLEARLY APPEARS THAT THE ADDITIONAL WORK IS SUCH AN INSEPARABLE PART OF THE WORK ORIGINALLY CONTRACTED FOR AS TO RENDER IT REASONABLY IMPOSSIBLE OF PERFORMANCE BY OTHER THAN THE ORIGINAL CONTRACTOR. THE APPARENT PROBABILITY THAT THE ADDITIONAL WORK MAY BE DONE MORE CONVENIENTLY, OR EVEN AT LESS EXPENSE, BY THE ORIGINAL CONTRACTOR, BECAUSE OF BEING ENGAGED UPON THE ORIGINAL WORK, OR OTHERWISE, IS NOT CONTROLLING OF THE MATTER AS TO WHETHER THE PROVISIONS OF SECTION 3709, REVISED STATUTES, REQUIRING COMPETITIVE BIDS, ARE FOR APPLICATION. SEE 30 COMP. GEN. 34. IN THIS CASE, HOWEVER, IT HAS BEEN DETERMINED THAT IT IS WHOLLY IMPRACTICAL TO PROCURE THE SERVICES OF ANOTHER LAW PUBLISHER TO PREPARE A DIGEST SUPPLEMENT WHICH WILL FOLLOW THE DIGEST PLAN AND SCHEME OF THE PARENT DIGEST.

IN VIEW OF ALL THE FACTS IN THIS CASE OUR OFFICE PERCEIVES OF NO OBJECTION TO THE EXECUTION OF AN AMENDMENT TO CONTRACT NO. USCA-2816 TO COVER THE PUBLICATION OF THE INVOLVED DIGEST SUPPLEMENT.