A-16186, NOVEMBER 9, 1926, 6 COMP. GEN. 324

A-16186: Nov 9, 1926

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PERSONAL SERVICES - DRAFTSMEN AND CONSULTING ARCHITECTS THE SERVICES OF A DRAFTSMAN AND CONSULTING ARCHITECT ARE PERSONAL AND ARE FOR PERFORMANCE BY REGULAR EMPLOYEES ENGAGED UNDER CIVIL SERVICE RULES AND REGULATIONS AT RATES OF COMPENSATION SPECIFIED IN THE CLASSIFICATION ACT AND MAY NOT BE PROCURED. 1926: RECEIPT IS ACKNOWLEDGED OF YOUR LETTER OF OCTOBER 29. THE FOLLOWING EXPLANATION OF THE NECESSITY FOR THE CONTRACT IS SUBMITTED. 2. PRIOR TO THE ISSUANCE OF THE ADVERTISEMENT FOR BIDS IT WAS NECESSARY TO COMPILE SPECIFICATIONS FOR THE VESSEL IN QUESTION. THIS WAS DONE IN THIS OFFICE BY THE SUPERVISING MARINE ENGINEER. IT WAS IMPRACTICABLE FOR HIM TO DRAW THE PLANS WHICH ACCOMPANY SUCH SPECIFICATIONS.

A-16186, NOVEMBER 9, 1926, 6 COMP. GEN. 324

PERSONAL SERVICES - DRAFTSMEN AND CONSULTING ARCHITECTS THE SERVICES OF A DRAFTSMAN AND CONSULTING ARCHITECT ARE PERSONAL AND ARE FOR PERFORMANCE BY REGULAR EMPLOYEES ENGAGED UNDER CIVIL SERVICE RULES AND REGULATIONS AT RATES OF COMPENSATION SPECIFIED IN THE CLASSIFICATION ACT AND MAY NOT BE PROCURED, IN THE ABSENCE OF SPECIFIC STATUTORY AUTHORITY THEREFOR, BY CONTRACT.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF WAR, NOVEMBER 9, 1926:

RECEIPT IS ACKNOWLEDGED OF YOUR LETTER OF OCTOBER 29, 1926, REQUESTING DECISION UPON THE QUESTION WHETHER PAYMENTS MAY LAWFULLY BE MADE UPON A CONTRACT BETWEEN YOUR DEPARTMENT AND MESSRS. KINDLUND AND DRAKE FOR FURNISHING PROFESSIONAL SERVICES AS DRAFTSMEN AND CONSULTING ARCHITECTS IN CONNECTION WITH THE CONSTRUCTION OF A FERRYBOAT FOR GOVERNORS ISLAND, N.Y. THE FOLLOWING EXPLANATION OF THE NECESSITY FOR THE CONTRACT IS SUBMITTED.

2. PRIOR TO THE ISSUANCE OF THE ADVERTISEMENT FOR BIDS IT WAS NECESSARY TO COMPILE SPECIFICATIONS FOR THE VESSEL IN QUESTION. THIS WAS DONE IN THIS OFFICE BY THE SUPERVISING MARINE ENGINEER, BUT IT WAS IMPRACTICABLE FOR HIM TO DRAW THE PLANS WHICH ACCOMPANY SUCH SPECIFICATIONS. ADDITION TO PREPARING THESE PLANS, KINDLUND AND DRAKE ARE RETAINED BY THIS CONTRACT AS CONSULTING ENGINEERS. THEIR SERVICES ARE ESPECIALLY DESIRABLE, AS THEY WERE EMPLOYED AS DESIGNERS AND CONSULTING ENGINEERS ON A LARGE NUMBER OF THE MUNICIPAL FERRIES NOW USED IN NEW YORK HARBOR. THEIR OPINIONS ARE THEREFORE NOT ONLY VALUABLE FROM THEIR KNOWLEDGE OF THE SUBJECT BUT ARE A SAFE-GUARD TO GOVERNMENT INTERESTS IN THIS CONSTRUCTION TO SUCH AN EXTENT THAT THEY MIGHT BE CLASSED AS INSURANCE TO THE GOVERNMENT.

THE APPROPRIATION SOUGHT TO BE CHARGED WITH THE CONSIDERATION TO BE PAID UNDER THE CONTRACT IS THAT FOUND IN THE SECOND DEFICIENCY ACT FOR 1926, ACT OF JULY 3, 1926, 44 STAT. 877, AS FOLLOWS:

ARMY TRANSPORTATION: NOT TO EXCEED $225,000 OF THE UNEXPENDED BALANCE OF THE APPROPRIATION ,ARMY TRANSPORTATION, 1926," IS CONTINUED AND MADE AVAILABLE DURING THE FISCAL YEAR 1927 FOR THE PURCHASE OR CONSTRUCTION OF A FERRY BOAT.

BRIEFLY STATED, THE CONTRACT DATED AUGUST 5, 1926, PROVIDES FOR THE SERVICES OF THE CONTRACTORS IN CHECKING SPECIFICATIONS, ESTIMATING WEIGHTS AND CENTER OF GRAVITY AND OTHER ITEMS ENTERING INTO THE STABILITY OF THE BOAT, AND PREPARING CLOTH TRACINGS OF THE DESIGNS, FOR WHICH THEY ARE TO RECEIVE THE AMOUNT OF $2,500 AND, IN ADDITION, THEY ARE TO FURNISH THEIR SERVICES AS CONSULTING ARCHITECTS UNTIL THE ACCEPTANCE OF THE BOAT BY THE GOVERNMENT. FOR THE LATTER SERVICE THEY ARE TO RECEIVE $750, PAYABLE 50 PERCENT WHEN THE BOAT IS ONE-HALF COMPLETED AND 50 PERCENT UPON ITS ACCEPTANCE.

THE SERVICES CONTEMPLATED UNDER THE CONTRACT ARE PERSONAL SERVICES AND IN THE ABSENCE OF ANY STATUTORY AUTHORITY THEY ARE FOR PERFORMANCE BY REGULAR EMPLOYEES OF YOUR DEPARTMENT UNDER PROPER SUPERVISION AND MAY NOT BE ENGAGED BY CONTRACT. SEE REVIEW NO. 2894, MARCH 6, 1923, AND APRIL 24, 1923, AND A-13785, MAY 17, 1926, REGARDING SUCH EMPLOYMENTS IN YOUR DEPARTMENT. SEE ALSO 2 COMP. GEN. 544; 3 ID. 720; 4 ID. 356 AND 710; 5 ID. 450 AND 629; 6 ID. 51, WHICH DECISIONS, WHILE INVOLVING OTHER DEPARTMENTS AND SERVICES, ARE NEVERTHELESS FOR APPLICATION GENERALLY.

IF THERE WERE NO EMPLOYEES AVAILABLE IN YOUR DEPARTMENT COMPETENT TO DO THE NECESSARY WORK AND THE SERVICES OF SUCH EMPLOYEES COULD NOT BE OBTAINED FROM ANY OTHER EXECUTIVE BRANCH OF THE GOVERNMENT PURSUANT TO THE ACT OF MAY 21, 1920, 41 STAT. 613, THE MATTER WOULD APPEAR TO BE ONE IN WHICH SUCH SERVICES AS MIGHT BE NECESSARY SHOULD BE OBTAINED IN ACCORDANCE WITH CIVIL SERVICE RULES AND REGULATIONS AND AT RATES OF COMPENSATION AUTHORIZED BY THE CLASSIFICATION ACT OF MARCH 4, 1923, 42 STAT. 1488. COMP. GEN. 947; 5 ID. 231. WHEN SUCH SERVICES ARE INTENDED TO BE EMPLOYED OTHERWISE, SPECIFIC LEGISLATIVE AUTHORITY THEREFOR IS GIVEN. SEE PROVISIONS IN ACT OF APRIL 22, 1926, 44 STAT. 307, RELATIVE TO ARCHITECTS FOR AMERICAN BATTLE MONUMENTS AND ARLINGTON MEMORIAL BRIDGE, AND PROVISION IN ACT OF JULY 3, 1926, 44 STAT. 844, RELATIVE TO CONSULTING ARCHITECT FOR RECONSTRUCTING ROOF, ATTIC, AND CEILINGS OF THE EXECUTIVE MANSION.

ANSWERING YOUR QUESTION SPECIFICALLY, PAYMENTS ARE NOT AUTHORIZED TO BE MADE UNDER SAID CONTRACT FROM THE APPROPRIATION FOR THE CONSTRUCTION OF THE FERRY BOAT.