A-16756, JULY 29, 1929, 9 COMP. GEN. 40

A-16756: Jul 29, 1929

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RETURNS OFFICE - CHANGE ORDERS WHILE COPIES OF ALL CHANGE ORDERS ARE REQUIRED TO BE FORWARDED TO THE GENERAL ACCOUNTING OFFICE FOR FILING WITH THE ORIGINAL CONTRACT. ADDITIONAL COPIES OF SUCH CHANGE ORDERS ARE NOT REQUIRED TO BE FORWARDED FOR RETURNS OFFICE PURPOSES. THAT COPIES OF CHANGE ORDERS UNDER ARTICLE 3 OF THE STANDARD FORM OF CONSTRUCTION CONTRACT WERE NOT REQUIRED TO BE FILED IN THE RETURNS OFFICE. WHETHER IT IS INTENDED TO CONTINUE THE EFFECTIVENESS OF THE RULING OF JULY 11. IT IS NECESSARY UNDER THE LAW. IT IS NOT NECESSARY THAT THERE BE FORWARDED TO THIS OFFICE DUPLICATE COPIES OF THE CHANGE ORDERS FOR FILING WITH COPIES OF THE CONTRACTS IN THE RETURNS OFFICE. THAT IS TO SAY.

A-16756, JULY 29, 1929, 9 COMP. GEN. 40

RETURNS OFFICE - CHANGE ORDERS WHILE COPIES OF ALL CHANGE ORDERS ARE REQUIRED TO BE FORWARDED TO THE GENERAL ACCOUNTING OFFICE FOR FILING WITH THE ORIGINAL CONTRACT, ADDITIONAL COPIES OF SUCH CHANGE ORDERS ARE NOT REQUIRED TO BE FORWARDED FOR RETURNS OFFICE PURPOSES.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF WAR, JULY 29, 1929:

THERE HAS BEEN RECEIVED YOUR LETTER OF JULY 11, 1929, TO THE EFFECT THAT PRIOR TO THE EFFECTIVE DATE OF THE ACT OF FEBRUARY 4, 1929, 45 STAT. 1147, THE CHIEF CLERK OF THE INTERIOR DEPARTMENT HAD INFORMED THE WAR DEPARTMENT IN LETTER DATED JUNE 11, 1929, THAT COPIES OF CHANGE ORDERS UNDER ARTICLE 3 OF THE STANDARD FORM OF CONSTRUCTION CONTRACT WERE NOT REQUIRED TO BE FILED IN THE RETURNS OFFICE, AND YOU ASK, SINCE THE RETURNS OFFICE HAS BEEN TRANSFERRED TO THIS OFFICE, WHETHER IT IS INTENDED TO CONTINUE THE EFFECTIVENESS OF THE RULING OF JULY 11, 1929, CONCERNING THE FILING OF CHANGE ORDERS UNDER ARTICLE 3 OF THE STANDARD FORM OF CONTRACT.

THE SAID ARTICLE 3 OF THE STANDARD FORM OF CONTRACT PROVIDES THAT:

CHANGES. THE CONTRACTING OFFICER MAY AT ANY TIME, BY A WRITTEN ORDER, AND WITHOUT NOTICE TO THE SURETIES, MAKE CHANGES IN THE DRAWINGS AND (OR) SPECIFICATIONS OF THIS CONTRACT AND WITHIN THE GENERAL SCOPE THEREOF. SUCH CHANGES CAUSE AN INCREASE OR DECREASE IN THE AMOUNT DUE UNDER THIS CONTRACT, OR IN THE TIME REQUIRED FOR ITS PERFORMANCE, AN EQUITABLE ADJUSTMENT SHALL BE MADE AND THE CONTRACT SHALL BE MODIFIED IN WRITING ACCORDINGLY. NO CHANGE INVOLVING AN ESTIMATED INCREASE OR DECREASE OF MORE THAN FIVE HUNDRED DOLLARS SHALL BE ORDERED UNLESS APPROVED IN WRITING BY THE HEAD OF THE DEPARTMENT OR HIS DULY AUTHORIZED REPRESENTATIVE. * *

THE PROCEDURE HAS LONG MAINTAINED, AND IT IS NECESSARY UNDER THE LAW, IN THE PROPER SETTLEMENT OF ACCOUNTS, THAT THERE BE FORWARDED TO THIS OFFICE FOR FILING WITH CONTRACTS, COPIES OF ALL CHANGE ORDERS ISSUED UNDER THE CONTRACTS. HOWEVER, IT IS NOT NECESSARY THAT THERE BE FORWARDED TO THIS OFFICE DUPLICATE COPIES OF THE CHANGE ORDERS FOR FILING WITH COPIES OF THE CONTRACTS IN THE RETURNS OFFICE. THAT IS TO SAY, THERE SHOULD CONTINUE TO BE FORWARDED TO THIS OFFICE FOR FILING WITH THE ORIGINAL CONTRACT A COPY OF ALL CHANGE ORDERS ISSUED THEREUNDER, BUT THERE NEED NOT BE FORWARDED FOR RETURNS OFFICE PURPOSES, ADDITIONAL COPIES OF SUCH CHANGE ORDERS.