A-18404, MAY 28, 1927, 6 COMP. GEN. 772

A-18404: May 28, 1927

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TABULATING CARDS FOR STATISTICAL TABULATING MACHINES ARE PRINTING WITHIN THE PURVIEW OF THE ACT OF MARCH 1. UNLESS HE IS UNABLE TO FURNISH CARDS OF SUCH STOCK. THICKNESS AS ARE REQUIRED FOR THE SATISFACTORY OPERATION OF THE MACHINES UPON WHICH THEY ARE TO BE USED. REQUESTING DECISION WHETHER THE CARDS FOR USE IN CONNECTION WITH LEASED STATISTICAL TABULATING MACHINES ARE REQUIRED BY SECTION 11 OF THE ACT OF MARCH 1. THEREFORE MAY NOT BE PURCHASED FROM THE COMPANIES FROM WHICH THE MACHINES ARE LEASED. IT APPEARING THAT THE ESTIMATES FOR SUCH APPROPRIATIONS WERE COMPUTED UPON THE BASIS OF PURCHASING THE CARDS THEREFROM RATHER THAN FROM THE APPROPRIATION FOR PRINTING AND BINDING. THE SECRETARY OF WAR REQUESTED A DECISION CONCERNING THE PURCHASE OF TABULATING CARDS AND STATED THAT THE LEASES WITH THE TABULATING MACHINE COMPANIES REQUIRED THE PURCHASE OF SUCH CARDS FROM THE COMPANY FROM WHICH THE MACHINE WAS LEASED AND HE ALSO CALLED ATTENTION TO THE RESOLUTION OF THE JOINT COMMITTEE ON PRINTING.

A-18404, MAY 28, 1927, 6 COMP. GEN. 772

PRINTING AND BINDING - TABULATING CARDS WHEN PRINTED ON ORDER TO MEET THE NEEDS OF A PARTICULAR OFFICE IN WHICH USED, TABULATING CARDS FOR STATISTICAL TABULATING MACHINES ARE PRINTING WITHIN THE PURVIEW OF THE ACT OF MARCH 1, 1919, 40 STAT. 1270, AND MUST BE PROCURED FROM THE PUBLIC PRINTER, UNLESS HE IS UNABLE TO FURNISH CARDS OF SUCH STOCK, SIZE, AND THICKNESS AS ARE REQUIRED FOR THE SATISFACTORY OPERATION OF THE MACHINES UPON WHICH THEY ARE TO BE USED. DECISION OF THE COMPTROLLER GENERAL OF JULY 11, 1922, A.D. 6878, NO LONGER APPLICABLE.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, MAY 28, 1927:

THERE HAS BEEN RECEIVED YOUR LETTER OF MAY 5, 1927, REQUESTING DECISION WHETHER THE CARDS FOR USE IN CONNECTION WITH LEASED STATISTICAL TABULATING MACHINES ARE REQUIRED BY SECTION 11 OF THE ACT OF MARCH 1, 1919, 40 STAT. 1270, TO BE PRINTED IN THE GOVERNMENT PRINTING OFFICE, AND THEREFORE MAY NOT BE PURCHASED FROM THE COMPANIES FROM WHICH THE MACHINES ARE LEASED, AND IF SO, WHETHER THE NAVY DEPARTMENT APPROPRIATIONS FOR THE PURCHASE OF SUPPLIES DURING THE FISCAL YEAR 1928, MAY BE USED THEREFOR, IT APPEARING THAT THE ESTIMATES FOR SUCH APPROPRIATIONS WERE COMPUTED UPON THE BASIS OF PURCHASING THE CARDS THEREFROM RATHER THAN FROM THE APPROPRIATION FOR PRINTING AND BINDING.

BY LETTER OF JUNE 28, 1922, THE SECRETARY OF WAR REQUESTED A DECISION CONCERNING THE PURCHASE OF TABULATING CARDS AND STATED THAT THE LEASES WITH THE TABULATING MACHINE COMPANIES REQUIRED THE PURCHASE OF SUCH CARDS FROM THE COMPANY FROM WHICH THE MACHINE WAS LEASED AND HE ALSO CALLED ATTENTION TO THE RESOLUTION OF THE JOINT COMMITTEE ON PRINTING, DATED JUNE 15, 1920, AUTHORIZING THE PROCUREMENT OF SUCH TABULATING CARDS ELSEWHERE THAN AT THE GOVERNMENT PRINTING OFFICE, DUE TO THE FACT THAT THAT OFFICE DID NOT HAVE THE EQUIPMENT NECESSARY TO DO SUCH WORK. UPON SUCH REPRESENTATIONS FROM THE SECRETARY OF WAR IT WAS STATED IN DECISION OF THIS OFFICE OF JULY 11, 1922, THAT NO OBJECTION WOULD BE MADE AT THAT TIME TO HAVING THE CARDS FURNISHED IN CONNECTION WITH THE LEASE OF THE MACHINE. HOWEVER, ON APRIL 1, 1927, THE PUBLIC PRINTER NOTIFIED THE RESPECTIVE DEPARTMENTS AND ESTABLISHMENTS THAT THERE HAD BEEN "RECENTLY INSTALLED THE VERY LATEST PRESSES FOR ECONOMICALLY PRODUCING TABULATING CARDS, ACCURATELY CUT AND PUNCHED, IN LARGE QUANTITIES" AND THAT PRICES WOULD BE FURNISHED ON REQUEST.

THE ACT OF MARCH 1, 1919, 40 STAT. 1270, 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.

IF THE CARDS IN QUESTION WERE COPYRIGHTED OR COULD BE CONSIDERED STOCK CARDS SUCH AS ARE SOLD TO THE PUBLIC GENERALLY, THEIR PURCHASE OTHERWISE THAN FROM THE GOVERNMENT PRINTING OFFICE WOULD BE AUTHORIZED. SEE 9 COMP. DEC. 738; 10 ID. 322. IT APPEARS, HOWEVER, FROM THE SAMPLE SUBMITTED WITH THE INFORMAL MEMORANDUM FROM YOUR DEPARTMENT MAY 16, 1927, THAT THEY CAN NOT BE CONSIDERED STOCK CARDS AS THE PRINTING THEREON IS SUCH AS IS ORDERED TO MEET THE NEEDS OF THE RESPECTIVE DEPARTMENTS OR ESTABLISHMENTS. UNDER SUCH CIRCUMSTANCES THE PRINTING OF THESE CARDS COMES WITHIN THE PURVIEW OF THE ACT OF MARCH 1, 1919, SUPRA, AND SUCH WORK MAY NOT BE PERFORMED ELSEWHERE THAN AT THE GOVERNMENT PRINTING OFFICE. SEE DECISION TO THE SECRETARY OF THE TREASURY, MARCH 24, 1914, AND 11 COMP. DEC. 150.

THERE HAVE BEEN SOME REPRESENTATIONS MADE TO THIS OFFICE THAT THE CARDS FURNISHED BY THE GOVERNMENT PRINTING OFFICE ARE UNSATISFACTORY AS TO QUALITY OF PAPER, THICKNESS OF CARDS, ETC. IT IS UNDERSTOOD THAT UNLESS THE CARDS ARE OF SUCH STOCK, SIZE, THICKNESS, ETC., AS THE MACHINES REQUIRE FOR SATISFACTORY OPERATION, THEY CAN NOT BE USED FOR THE PURPOSE INTENDED AND THE PRINTING THEREOF WOULD BE OF NO USE OR CONSEQUENCE. OTHER WORDS, IT IS UNDERSTOOD THERE IS NO NEED OR USE FOR THE PRINTING UNLESS IT BE UPON A CARD OF THE PROPER STOCK, SIZE, THICKNESS, ETC. THEREFORE IF IT SHOULD BE ESTABLISHED AS A FACT THAT THE GOVERNMENT PRINTING OFFICE CAN NOT FURNISH CARDS THAT CAN BE SATISFACTORILY USED IN A PARTICULAR KIND OF MACHINE FOR WHICH CARDS ARE REQUIRED, THE NECESSARY CARDS FOR THE SATISFACTORY OPERATION OF SAID MACHINE MAY BE OTHERWISE PURCHASED.

IN VIEW OF THE DECISION OF JULY 11, 1922, NO OBJECTION WILL BE MADE TO THE PURCHASE OF THE NECESSARY CARDS UNDER AND IN ACCORDANCE WITH THE TERMS OF EXISTING LEASE AGREEMENTS; BUT HEREAFTER, IN CONTRACTING FOR THE USE OF TABULATING MACHINES, BIDS SHOULD BE REQUESTED AND AGREEMENTS MADE FOR THE RENTAL OF MACHINES WITHOUT INCLUDING A PROVISION PROHIBITING THE USE OF ANY CARDS OTHER THAN THOSE PURCHASED FROM THE LESSOR, AND THEREAFTER THE NECESSARY CARDS SHOULD BE PURCHASED FROM THE PUBLIC PRINTER, EXCEPT IN THOSE CASES, IF ANY, IN WHICH IT MAY BE ESTABLISHED THAT HE CAN NOT FURNISH CARDS THAT CAN BE SATISFACTORILY USED IN THE MACHINE FOR WHICH REQUIRED.

IN VIEW OF YOUR REPRESENTATIONS THAT THE ESTIMATES FOR THE APPROPRIATIONS FOR THE PURCHASE OF SUPPLIES FOR YOUR DEPARTMENT FOR THE FISCAL YEAR 1928 INCLUDED AN ESTIMATE FOR THE PURCHASE OF SUCH CARDS AND THAT NO PROVISION FOR SUCH CARDS WAS MADE IN THE ESTIMATES FOR THE PRINTING AND BINDING APPROPRIATION, THE USE OF THE FORMER APPROPRIATION FOR THE FISCAL YEAR 1928 FOR OBTAINING SUCH CARDS FROM THE GOVERNMENT PRINTING OFFICE WILL NOT BE OBJECTED TO BY THIS OFFICE.