A-13575, APRIL 6, 1926, 5 COMP. GEN. 798

A-13575: Apr 6, 1926

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IN REQUESTING BIDS FOR THE NEW MOTORS THE BIDDERS MAY BE REQUESTED TO STATE THE AMOUNT THEY WILL ALLOW FOR THE OLD MOTORS IN EXCHANGE. 1926: I HAVE YOUR LETTER OF MARCH 6. IN WHICH IT IS STATED THAT ON APRIL 16. EXPERIMENTAL STATION IS TO BE CHANGED FROM 3-PHASE 25-CYCLE 6. WHICH WILL NECESSITATE THE REPLACEMENT OF ALL MOTORS NOW FURNISHING POWER FOR THE EQUIPMENT USED AT THE STATION. YOU REQUEST TO BE ADVISED WHETHER THERE IS AUTHORITY TO EXCHANGE THESE OLD MOTORS UNDER THE PROVISION IN THE ACT OF JUNE 30. THE ACTIVITIES OF THE BELTSVILLE STATION ARE UNDERSTOOD TO BE UNDER THE BUREAU OF DAIRYING. THE APPROPRIATION FOR THE EXPENSES OF WHICH IS FOUND IN THE ACT OF FEBRUARY 10. IT IS STATED IN THE MEMORANDUM FROM THE CHIEF OF THE BUREAU OF DAIRYING.

A-13575, APRIL 6, 1926, 5 COMP. GEN. 798

PURCHASES, ELECTRIC MOTORS - EXCHANGE OF OLD MATERIAL FOR NEW THE AUTHORITY CONTAINED IN THE ACT OF JUNE 30, 1914, 38 STAT. 441, TO EXCHANGE "GENERAL SCIENTIFIC APPARATUS" AND "LABORATORY EQUIPMENT" DOES NOT APPLY TO ELECTRIC MOTORS USED FOR THE OPERATION OF SILAGE CUTTERS, HAY HOISTS, AND DEEP-WELL PUMPS AT A DAIRY EXPERIMENTAL STATION. HOWEVER, IN REQUESTING BIDS FOR THE NEW MOTORS THE BIDDERS MAY BE REQUESTED TO STATE THE AMOUNT THEY WILL ALLOW FOR THE OLD MOTORS IN EXCHANGE, AND SEPARATE BIDS SHOULD BE REQUESTED FOR THE SALE OF THE OLD MOTORS, THE LOWEST NET PRICE TO BE ACCEPTED, THE APPROPRIATION TO BE CHARGED WITH THE FULL PRICE OF THE NEW MOTORS AND THE VALUE OF THE OLD MOTORS RECEIVED OR CREDITED ON THE PURCHASE TO BE COVERED INTO THE GENERAL FUND OF THE TREASURY AS MISCELLANEOUS RECEIPTS.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF AGRICULTURE, APRIL 6, 1926:

I HAVE YOUR LETTER OF MARCH 6, 1926, IN WHICH IT IS STATED THAT ON APRIL 16, NEXT, THE ELECTRIC CURRENT SUPPLY AT THE BELTSVILLE, MD., EXPERIMENTAL STATION IS TO BE CHANGED FROM 3-PHASE 25-CYCLE 6,600 VOLTS TO 3-PHASE 60- CYCLE 4,000 VOLTS, WHICH WILL NECESSITATE THE REPLACEMENT OF ALL MOTORS NOW FURNISHING POWER FOR THE EQUIPMENT USED AT THE STATION,WITH A DIFFERENT TYPE OF MOTOR AT A PROBABLE COST OF $2,500, OR $1,750 NET, AFTER CREDITING THE VALUE OF THE OLD MATERIAL. YOU REQUEST TO BE ADVISED WHETHER THERE IS AUTHORITY TO EXCHANGE THESE OLD MOTORS UNDER THE PROVISION IN THE ACT OF JUNE 30, 1914, 38 STAT. 441, WHICH PROVIDES:

THE SECRETARY OF AGRICULTURE MAY HEREAFTER EXCHANGE GENERAL SCIENTIFIC APPARATUS AND LABORATORY EQUIPMENT PURCHASED FROM ANY APPROPRIATION OF THE DEPARTMENT OF AGRICULTURE.

THE ACTIVITIES OF THE BELTSVILLE STATION ARE UNDERSTOOD TO BE UNDER THE BUREAU OF DAIRYING, THE APPROPRIATION FOR THE EXPENSES OF WHICH IS FOUND IN THE ACT OF FEBRUARY 10, 1925, 43 STAT. 829, AS FOLLOWS:

FOR CARRYING OUT THE PROVISIONS OF THE ACT APPROVED MAY 29, 1924, ESTABLISHING A BUREAU OF DAIRYING * * * AND FOR ALL OTHER EXPENSES NECESSARY, INCLUDING REPAIRS AND ADDITIONS TO BUILDINGS ABSOLUTELY NECESSARY TO CARRY ON THE EXPERIMENTS, FOR CONDUCTING INVESTIGATIONS, EXPERIMENTS, AND DEMONSTRATIONS IN DAIRY INDUSTRY, COOPERATIVE INVESTIGATIONS OF THE DAIRY INDUSTRY IN THE VARIOUS STATES, AND INSPECTION OF RENOVATED BUTTER FACTORIES, $410,090.

IT IS STATED IN THE MEMORANDUM FROM THE CHIEF OF THE BUREAU OF DAIRYING, ACCOMPANYING YOUR SUBMISSION, THAT THE MOTORS FURNISH POWER FOR A SILAGE CUTTER, A HAY HOIST, AND A DEEP-WELL PUMP, AND IT IS ARGUED THAT, AS THE BELTSVILLE EXPERIMENT STATION IS CARRYING ON SCIENTIFIC EXPERIMENTS IN DAIRYING, ANY AND ALL EQUIPMENT USED AT THAT STATION IS SCIENTIFIC OR LABORATORY EQUIPMENT. THERE APPEARS NOTHING IN THE PROVISION IN THE ACT OF JUNE 30, 1914, 38 STAT. 441, TO INDICATE THAT THE TERM "GENERAL SCIENTIFIC APPARATUS AND LABORATORY EQUIPMENT" AS USED THEREIN WAS INTENDED TO HAVE SUCH A BROAD APPLICATION. IT CAN NOT BE HELD THAT ELECTRIC POWER MOTORS ARE SCIENTIFIC APPARATUS UNLESS THEY FORM AN INTEGRAL PART OF ACKNOWLEDGED SCIENTIFIC INSTRUMENTS DEPENDING UPON THE MOTOR FOR THEIR USEFULNESS AND OPERATION, AND I ASSUME IT WOULD NOT SERIOUSLY BE CONTENDED THAT A SILAGE CUTTER, A HAY HOIST, AND A DEEP-WELL PUMP, WHEN USED FOR THE PURPOSE FOR WHICH CONSTRUCTED, ARE SCIENTIFIC APPARATUS. NEITHER CAN MOTORS BE CONSIDERED LABORATORY EQUIPMENT IF NOT USED IN A LABORATORY OR TO OPERATE EQUIPMENT IN A LABORATORY. WHILE THERE MAY OR MAY NOT BE A LABORATORY MAINTAINED AT THE STATION, IT IS EVIDENT THAT THE ENTIRE STATION CAN NOT BE REGARDED AS A LABORATORY; NEITHER CAN IT BE HELD THAT ORDINARY DAIRY AND FARM EQUIPMENT, APPLIED TO ITS USUAL AND ORDINARY USE, CHANGES ITS CHARACTER BY REASON OF ITS BEING USED AT A STATION WHERE SCIENTIFIC EXPERIMENTS ARE CONDUCTED. IT MUST BE HELD, THEREFORE, THAT THE AUTHORITY IN THE ACT OF JUNE 30, 1914, SUPRA, TO EXCHANGE SCIENTIFIC APPARATUS AND LABORATORY EQUIPMENT DOES NOT AUTHORIZE THE EXCHANGE OF MOTORS USED TO OPERATE A SILAGE CUTTER, A HAY HOIST, OR A DEEP-WELL PUMP.

IN REQUESTING BIDS AS REQUIRED UNDER SECTION 3709, REVISED STATUTES, FOR THE NEW MOTORS, THERE WOULD APPEAR TO BE NO LEGAL OBJECTION TO ASKING THE BIDDER TO STATE WHAT ALLOWANCE WOULD BE MADE FOR THE OLD MOTORS IN EXCHANGE. AT THE SAME TIME SEPARATE BIDS SHOULD BE INVITED FOR THE SALE OF THE OLD MOTORS SEPARATE AND APART FROM THE PURCHASE OF THE NEW ONES. THE BID OR BIDS RESULTING IN THE LOWEST NET COST TO THE GOVERNMENT SHOULD BE ACCEPTED, BUT THE AMOUNTS ALLOWED OR RECEIVED FOR THE OLD MOTORS MUST BE COVERED INTO THE GENERAL FUND OF THE TREASURY AS MISCELLANEOUS RECEIPTS, THE APPROPRIATION BEING CHARGED WITH THE FULL PRICE OF THE NEW MOTORS. 5 COMP. DEC. 716; 26 ID. 534; 3 COMP. GEN. 304.