A-12691, MARCH 20, 1926, 5 COMP. GEN. 747

A-12691: Mar 20, 1926

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ARE NOT PAYABLE FROM PUBLIC FUNDS. 1926: THERE IS FOR CONSIDERATION BY THIS OFFICE THE CLAIM OF JUDD AND DETWEILER FOR $626.45 COVERING CHARGES FOR PRINTING FOR THE AMERICAN GROUP OF THE INTERPARLIAMENTARY UNION FURNISHED DURING JULY. THIS WORK APPEARS TO HAVE BEEN PROCURED BY THE "DIRECTOR OF THE CONFERENCE" WITHOUT ADVERTISING AND WITHOUT AUTHORITY FROM THE JOINT COMMITTEE ON PRINTING. THE APPROPRIATION SOUGHT TO BE CHARGED IS FOUND IN THE ACT OF DECEMBER 5. REPORTS THAT NO SPECIAL RULES OR REGULATIONS COVERING THE MEETING OF THE UNION WERE ISSUED BY THE SECRETARY OF STATE AND THAT IT WAS DECIDED AFTER DISCUSSION WITH CERTAIN OFFICIALS OF THE CONFERENCE THAT THE ADMINISTRATION OF THE FUND SHOULD BE LEFT TO THE DISCRETION OF THOSE OFFICIALS.

A-12691, MARCH 20, 1926, 5 COMP. GEN. 747

PRINTING - INTERPARLIAMENTARY UNION PRINTING FOR THE USE OF THE AMERICAN GROUP OF THE INTERPARLIAMENTARY UNION WITHIN THE DISTRICT OF COLUMBIA PROCURED FROM OTHER THAN THE GOVERNMENT PRINTING OFFICE AND WITHOUT ADVERTISING CONTRAVENES BOTH THE ACT OF MARCH 1, 1919, 40 STAT. 1270, AND SECTION 3709, REVISED STATUTES, AND THE EXPENSE THEREOF, IN THE ABSENCE OF SPECIFIC STATUTORY AUTHORITY, ARE NOT PAYABLE FROM PUBLIC FUNDS.

DECISION BY COMPTROLLER GENERAL MCCARL, MARCH 20, 1926:

THERE IS FOR CONSIDERATION BY THIS OFFICE THE CLAIM OF JUDD AND DETWEILER FOR $626.45 COVERING CHARGES FOR PRINTING FOR THE AMERICAN GROUP OF THE INTERPARLIAMENTARY UNION FURNISHED DURING JULY, AUGUST, SEPTEMBER, AND OCTOBER, 1925. THIS WORK APPEARS TO HAVE BEEN PROCURED BY THE "DIRECTOR OF THE CONFERENCE" WITHOUT ADVERTISING AND WITHOUT AUTHORITY FROM THE JOINT COMMITTEE ON PRINTING.

THE APPROPRIATION SOUGHT TO BE CHARGED IS FOUND IN THE ACT OF DECEMBER 5, 1924, 43 STAT. 692, AS FOLLOWS:

TWENTY-THIRD CONFERENCE OF THE INTERPARLIAMENTARY UNION: FOR THE PURPOSE OF DEFRAYING THE EXPENSES IN THE CITY OF WASHINGTON AND ELSEWHERE IN THE UNITED STATES, INCIDENT TO THE TWENTY-THIRD CONFERENCE OF THE INTERPARLIAMENTARY UNION, TO BE HELD IN WASHINGTON IN 1925, TO BE EXPANDED UNDER SUCH RULES AND REGULATIONS AS THE SECRETARY OF STATE MAY PRESCRIBE, FOR SALARIES IN THE DISTRICT OF COLUMBIA OR ELSEWHERE, RENT, PRINTING AND BINDING, TRAVELING AND SUBSISTENCE EXPENSES (NOTWITHSTANDING THE PROVISIONS OF ANY OTHER ACT), AND SUCH OTHER EXPENSES AS MAY BE NECESSARY, $50,000, AS AUTHORIZED BY PUBLIC RESOLUTION APPROVED MAY 13, 1924, TO REMAIN AVAILABLE UNTIL DECEMBER 31, 1925.

THE RESOLUTION OF MAY 13, 1924, 43 STAT. 119, REQUESTED THE PRESIDENT OF THE UNITED STATES TO INVITE THE INTERPARLIAMENTARY UNION TO HOLD ITS ANNUAL MEETING FOR 1925 IN WASHINGTON, D.C., AND AUTHORIZED AN APPROPRIATION OF $50,000 TO DEFRAY THE EXPENSES INCIDENT TO SUCH MEETING, SAID APPROPRIATION "TO BE EXPENDED UNDER SUCH RULES AND REGULATIONS AS THE SECRETARY OF STATE MAY PRESCRIBE.'

THE CHIEF, BUREAU OF ACCOUNTS, STATE DEPARTMENT, REPORTS THAT NO SPECIAL RULES OR REGULATIONS COVERING THE MEETING OF THE UNION WERE ISSUED BY THE SECRETARY OF STATE AND THAT IT WAS DECIDED AFTER DISCUSSION WITH CERTAIN OFFICIALS OF THE CONFERENCE THAT THE ADMINISTRATION OF THE FUND SHOULD BE LEFT TO THE DISCRETION OF THOSE OFFICIALS.

SECTION 3709, REVISED STATUTES, MAKES THE FOLLOWING REQUIREMENT:

ALL PURCHASES AND CONTRACTS FOR SUPPLIES OR SERVICES, IN ANY OF THE DEPARTMENTS OF THE GOVERNMENT, EXCEPT FOR PERSONAL SERVICES, SHALL BE MADE BY ADVERTISING A SUFFICIENT TIME PREVIOUSLY FOR PROPOSALS RESPECTING THE SAME, WHEN THE PUBLIC EXIGENCIES DO NOT REQUIRE THE IMMEDIATE DELIVERY OF THE ARTICLES, OR PERFORMANCE OF THE SERVICE. WHEN IMMEDIATE DELIVERY OR PERFORMANCE IS REQUIRED BY THE PUBLIC EXIGENCY, THE ARTICLES OR SERVICE REQUIRED MAY BE PROCURED BY OPEN PURCHASE OR CONTRACT, AT THE PLACES AND IN THE MANNER IN WHICH SUCH ARTICLES ARE USUALLY BOUGHT AND SOLD, OR SUCH SERVICES ENGAGED, BETWEEN INDIVIDUALS.

THE ACT OF MARCH 1, 1919, 40 STAT. 1270, FURTHER PROVIDES:

* * * THAT ON AND AFTER JULY 1, 1919, ALL PRINTING, BINDING, AND BLANK- BOOK WORK FOR CONGRESS, THE EXECUTIVE OFFICE, THE JUDICIARY, AND EVERY EXECUTIVE DEPARTMENT, INDEPENDENT OFFICE, AND ESTABLISHMENT OF THE GOVERNMENT, SHALL BE DONE AT THE GOVERNMENT PRINTING OFFICE, EXCEPT SUCH CLASSES OF WORK AS SHALL BE DEEMED BY THE JOINT COMMITTEE ON PRINTING TO BE URGENT OR NECESSARY TO HAVE DONE ELSEWHERE THAN IN THE DISTRICT OF COLUMBIA FOR THE EXCLUSIVE USE OF ANY FIELD SERVICE OUTSIDE OF SAID DISTRICT.

THE PRINTING IN QUESTION APPEARS TO HAVE BEEN FOR USE IN THE DISTRICT OF COLUMBIA AND NOT FOR THE EXCLUSIVE USE OF ANY FIELD SERVICE OUTSIDE OF THE DISTRICT AND UNDER THE ACT OF MARCH 1, 1919, SUPRA, WAS REQUIRED TO BE DONE AT THE GOVERNMENT PRINTING OFFICE. HAD IT FOR ANY REASON BEEN LAWFUL TO PROCURE IT ELSEWHERE, THE PROVISIONS OF SECTION 3709, REVISED STATUTES, REQUIRED ADVERTISING FOR PROPOSALS.

AS NEITHER OF THE TWO STATUTES ABOVE REFERRED TO WAS COMPLIED WITH, AND AS THERE APPEARS TO BE NO LAW VESTING IN THE DIRECTOR OF THE CONFERENCE, THE AMERICAN GROUP OF THE INTERPARLIAMENTARY UNION, OR THE SECRETARY OF STATE, AUTHORITY TO OBLIGATE THE APPROPRIATION WITHOUT REFERENCE TO THE REQUIREMENTS OF EXISTING LAWS, THE CLAIM MUST BE AND IS DISALLOWED.