A-15910, OCTOBER 18, 1926, 6 COMP. GEN. 268

A-15910: Oct 18, 1926

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ARE APPLICABLE TO THE PURCHASE OF TYPEWRITING MACHINES IN FOREIGN COUNTRIES AS WELL AS IN THE UNITED STATES. AT A PRICE IN EXCESS OF THE FOLLOWING FOR MODELS WITH CARRIAGES WHICH WILL ACCOMMODATE PAPER OF THE FOLLOWING WIDTHS. IF THE GENERAL SUPPLY COMMITTEE IS UNABLE TO FURNISH SERVICEABLE MACHINES TO ANY SUCH SERVICE OF THE GOVERNMENT. IT APPEARS THE TYPEWRITERS IN QUESTION WERE STANDARD UNDERWOOD MODEL NO. 5 CORRESPONDENCE MACHINES EQUIPPED WITH GERMAN ELITE TYPE. PLACING A LIMITATION ON THE AMOUNT TO BE PAID FOR TYPEWRITING MACHINES OF THIS PARTICULAR SIZE DURING THE FISCAL YEAR 1925 ARE MANDATORY AND ARE APPLICABLE REGARDLESS OF THE PARTICULAR APPROPRIATION OR CONDITIONS UNDER WHICH THE PURCHASE IS MADE. 3 COMP.

A-15910, OCTOBER 18, 1926, 6 COMP. GEN. 268

TYPEWRITERS PURCHASED IN FOREIGN COUNTRIES THE PROVISIONS OF THE ACT OF APRIL 4, 1924, 43 STAT. 67, PROHIBITING THE PURCHASE OF STANDARD TYPEWRITING MACHINES AT PRICES IN EXCESS OF THE MAXIMUM THEREIN SPECIFIED AND ALSO REQUIRING THE EXCHANGE OF AN OLD MACHINE IN PART PAYMENT THEREFOR, ARE APPLICABLE TO THE PURCHASE OF TYPEWRITING MACHINES IN FOREIGN COUNTRIES AS WELL AS IN THE UNITED STATES.

DECISION BY COMPTROLLER GENERAL MCCARL, OCTOBER 18, 1926:

WILLIAM A. SCHOENFELD, SPECIAL DISBURSING AGENT, DEPARTMENT OF AGRICULTURE, REQUESTED SEPTEMBER 10, 1926, REVIEW OF SETTLEMENT NO. C 32631-A, DISALLOWING IN HIS ACCOUNTS FOR THE PERIOD APRIL 1 TO JUNE 30, 1925, CREDIT FOR THE SUM OF $220 REPRESENTING THE PURCHASE PRICE OF TWO UNDERWOOD TYPEWRITERS PURCHASED BY GEORGE C. HAAS, UNITED STATES AGRICULTURAL COMMISSIONER, IN THE OPEN MARKET AT VIENNA, AUSTRIA, IN CONTRAVENTION OF THE PROVISIONS OF THE ACT OF APRIL 4, 1924, 43 STAT. 67, WHICH PROVIDES:

NO PART OF ANY MONEY APPROPRIATED BY THIS OR ANY OTHER ACT SHALL BE USED DURING THE FISCAL YEAR 1925 FOR THE PURCHASE OF ANY STANDARD TYPEWRITER MACHINES, EXCEPT BOOKKEEPING AND BILLING MACHINES, AT A PRICE IN EXCESS OF THE FOLLOWING FOR MODELS WITH CARRIAGES WHICH WILL ACCOMMODATE PAPER OF THE FOLLOWING WIDTHS, TO WIT: TEN INCHES (CORRESPONDENCE MODELS), $70; * *

ALL PURCHASES OF TYPEWRITING MACHINES DURING THE FISCAL YEAR 1925 BY EXECUTIVE DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS FOR USE IN THE DISTRICT OF COLUMBIA OR IN THE FIELD, EXCEPT AS HEREINAFTER PROVIDED, SHALL BE MADE FROM THE SURPLUS MACHINES IN THE STOCK OF THE GENERAL SUPPLY COMMITTEE. THE WAR DEPARTMENT SHALL FURNISH THE GENERAL SUPPLY COMMITTEE, IMMEDIATELY UPON THE APPROVAL OF THIS ACT, A COMPLETE INVENTORY OF THE VARIOUS MAKES, MODELS, AND CLASSES OF TYPEWRITERS IN ITS POSSESSION, THE CONDITION OF SUCH MACHINES, AND THE POINT OF STORAGE, AND SHALL TURN OVER TO THE GENERAL SUPPLY COMMITTEE SUCH TYPEWRITING MACHINES IN SUCH QUANTITIES AS THE SECRETARY OF THE TREASURY FROM TIME TO TIME MAY CALL FOR BY SPECIFIC REQUISITION FOR SALE TO THE VARIOUS SERVICES OF THE GOVERNMENT. IF THE GENERAL SUPPLY COMMITTEE IS UNABLE TO FURNISH SERVICEABLE MACHINES TO ANY SUCH SERVICE OF THE GOVERNMENT, IT SHALL FURNISH UNSERVICEABLE MACHINES AT CURRENT EXCHANGE PRICES, AND SUCH MACHINES SHALL THEN BE APPLIED BY THE SERVICE OF THE GOVERNMENT RECEIVING THEM AS PART PAYMENT FOR NEW MACHINES FROM COMMERCIAL SOURCES IN ACCORDANCE WITH THE PRICES FIXED IN THE PRECEDING PARAGRAPH. AND IN SELLING TYPEWRITING MACHINES TO THE VARIOUS SERVICES THE GENERAL SUPPLY COMMITTEE MAY ACCEPT AN EQUAL NUMBER OF UNSERVICEABLE MACHINES AS PART PAYMENT THEREON AT THE EXCHANGE PRICES QUOTED IN THE CURRENT GENERAL SCHEDULE OF SUPPLIES.

IT APPEARS THE TYPEWRITERS IN QUESTION WERE STANDARD UNDERWOOD MODEL NO. 5 CORRESPONDENCE MACHINES EQUIPPED WITH GERMAN ELITE TYPE, PURCHASED AT $110 EACH, NO UNSERVICEABLE MACHINES BEING APPLIED IN PART PAYMENT FOR THE NEW MACHINES.

THE PROVISIONS OF THE ACT QUOTED, SUPRA, PLACING A LIMITATION ON THE AMOUNT TO BE PAID FOR TYPEWRITING MACHINES OF THIS PARTICULAR SIZE DURING THE FISCAL YEAR 1925 ARE MANDATORY AND ARE APPLICABLE REGARDLESS OF THE PARTICULAR APPROPRIATION OR CONDITIONS UNDER WHICH THE PURCHASE IS MADE. 3 COMP. GEN. 326. SEE ALSO DECISIONS OF MARCH 24, 1924, A-1567, AND APRIL 15, 1924, D.M. 506. AS THE PROHIBITION IS IN PLAIN TERMS AND WITH NO EXCEPTION WITH REFERENCE TO THE PURCHASE OF TYPEWRITING MACHINES IN FOREIGN COUNTRIES SUCH AN EXCEPTION CAN NOT BE ADDED BY CONSTRUCTION IN ORDER TO REMOVE AN APPARENT HARDSHIP IN A PARTICULAR CASE. CORONA COAL COMPANY V. UNITED STATES, 263 U.S. 536, AND CASES THEREIN CITED.

IN VIEW OF THE FACT THAT THE MACHINES IN QUESTION WERE PURCHASED UNDER A MISUNDERSTANDING AS TO THE APPLICABILITY OF THE PROVISIONS OF THE ACT OF APRIL 4, 1924, TO PURCHASES IN FOREIGN COUNTRIES, AND THE IMPRACTICABILITY OF SECURING UNSERVICEABLE MACHINES FOR EXCHANGE IN PART PAYMENT FOR THE NEW MACHINES, THE FAILURE TO COMPLY WITH THE REQUIREMENT OF THE STATUTE, SUPRA, AS TO THE PROCEDURE TO BE FOLLOWED IN OBTAINING TYPEWRITING MACHINES, NEED NOT BE REGARDED AS PRECLUDING THE ALLOWANCE OF CREDIT FOR THE PAYMENTS MADE TO THE EXTENT OF THE MAXIMUM PRICE AUTHORIZED UNDER THE STATUTE, SUPRA, WHICH IS $70 FOR EACH MACHINE, THE CONTRACT PRICE FOR SUCH MACHINES PURCHASED IN THE UNITED STATES.

UPON REVIEW THE SUM OF $140 IS CERTIFIED FOR CREDIT IN THE ACCOUNTS OF WILLIAM A. SCHOENFELD.