A-67190, NOVEMBER 15, 1935, 15 COMP. GEN. 415
Highlights
ARE NOT REQUIRED BEFORE PURCHASE FROM COMMERCIAL FIRMS OF ITEMS PROCURABLE FROM SAID CORPORATION IF THE FUNDS TO BE CHARGED HAVE BEEN ALLOCATED FROM THE APPROPRIATION MADE IN THE EMERGENCY RELIEF APPROPRIATION ACT OF 1935. AN ADVANCE DECISION IS REQUESTED AS TO WHETHER OR NOT CERTIFICATE OF CLEARANCE IS REQUIRED FROM THE DEPARTMENT OF JUSTICE. ATTENTION IS INVITED TO COPY OF LETTER. I AM IN DOUBT AS TO WHETHER OR NOT CLEARANCE FROM THE DEPARTMENT OF JUSTICE WILL BE REQUIRED. IN VIEW OF PREVIOUS SUSPENSIONS MADE BY YOUR OFFICE ON PAYMENTS MADE TO COMMERCIAL FIRMS FOR ITEMS WHICH COULD HAVE BEEN PROCURED FROM THE DEPARTMENT OF JUSTICE. THE PROPOSED PAYMENT AS TO WHICH YOU ARE IN DOUBT IS FOR THE FURNISHING OF ONE BRUSH IN THE AMOUNT OF 60 CENTS.
A-67190, NOVEMBER 15, 1935, 15 COMP. GEN. 415
FEDERAL PRISON-MADE GOODS - PURCHASE OF SIMILAR ITEMS FROM COMMERCIAL FIRMS - CERTIFICATES OF CLEARANCE - EMERGENCY RELIEF APPROPRIATION ACT OF 1935 CERTIFICATES OF CLEARANCE FROM THE FEDERAL PRISON INDUSTRIES, INC., ARE NOT REQUIRED BEFORE PURCHASE FROM COMMERCIAL FIRMS OF ITEMS PROCURABLE FROM SAID CORPORATION IF THE FUNDS TO BE CHARGED HAVE BEEN ALLOCATED FROM THE APPROPRIATION MADE IN THE EMERGENCY RELIEF APPROPRIATION ACT OF 1935.
COMPTROLLER GENERAL MCCARL TO MAJOR CARL HALLA, UNITED STATES ARMY, NOVEMBER 15, 1935:
BY FIRST INDORSEMENT OF OCTOBER 30, THE CHIEF OF FINANCE TRANSMITTED YOUR LETTER OF OCTOBER 23, 1935, AS FOLLOWS:
TRANSMITTED HEREWITH VOUCHER (STANDARD FORM 1034) IN FAVOR OF THE DURANGO LUMBER CO., DURANGO, COLO., IN THE AMOUNT OF $48.18.
AN ADVANCE DECISION IS REQUESTED AS TO WHETHER OR NOT CERTIFICATE OF CLEARANCE IS REQUIRED FROM THE DEPARTMENT OF JUSTICE, BUREAU OF PRISON INDUSTRIES, DATED PRIOR TO DATE OF PURCHASE, COVERING THE ITEM OF ONE BRUSH IN THE AMOUNT OF SIXTY CENTS.
IN THIS CONNECTION, ATTENTION IS INVITED TO COPY OF LETTER, ENCLOSED HEREWITH FROM THE ASSISTANT DIRECTOR OF PROCUREMENT DIVISION, TREASURY DEPARTMENT, DATED JUNE 21, 1935, TO THE ASSISTANT SUPERINTENDENT OF PRISONS, DEPARTMENT OF JUSTICE, WASHINGTON, D.C., AND REPLY THERETO DATED JUNE 24, 1935.
I AM IN DOUBT AS TO WHETHER OR NOT CLEARANCE FROM THE DEPARTMENT OF JUSTICE WILL BE REQUIRED, IN VIEW OF PREVIOUS SUSPENSIONS MADE BY YOUR OFFICE ON PAYMENTS MADE TO COMMERCIAL FIRMS FOR ITEMS WHICH COULD HAVE BEEN PROCURED FROM THE DEPARTMENT OF JUSTICE, BUREAU OF PRISON INDUSTRIES.
I AM A DISBURSING OFFICER AND THE ENCLOSED VOUCHER HAS BEEN PRESENTED TO ME FOR PAYMENT.
THE PROPOSED PAYMENT AS TO WHICH YOU ARE IN DOUBT IS FOR THE FURNISHING OF ONE BRUSH IN THE AMOUNT OF 60 CENTS, THE FUNDS PROPOSED TO BE CHARGED HAVING BEEN ALLOCATED FROM THE APPROPRIATION MADE IN THE EMERGENCY RELIEF APPROPRIATION ACT OF 1935 "TO PROVIDE RELIEF, WORK RELIEF, AND TO INCREASE EMPLOYMENT BY PROVIDING FOR USEFUL PROJECTS.'
THE MAKING OF SUCH PURCHASES FROM THE FEDERAL PRISONS WOULD APPEAR TO BE OUT OF LINE WITH THE PURPOSE FOR WHICH THE APPROPRIATION WAS MADE. ACCORDINGLY, IT WILL NOT BE NECESSARY FOR YOU TO OBTAIN A CERTIFICATE OF CLEARANCE FROM THE FEDERAL PRISON INDUSTRIES, INC., PRIOR TO MAKING SUCH PURCHASES AS HERE INVOLVED UNDER THE APPROPRIATION ABOVE MENTIONED. THIS CONNECTION, SEE MY DECISION OF NOVEMBER 9, 1935, A-67191, TO YOU.