A-18662, JUNE 13, 1927, 6 COMP. GEN. 820

A-18662: Jun 13, 1927

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PERSONAL SERVICES - MAP MAKING CONTRACTING BY GEOLOGICAL SURVEY WITH A FORMER EMPLOYEE FOR THE MAKING OF RELIEF MAPS FOR A LUMP SUM EACH IS NOT AUTHORIZED. WHEREBY WAS DISALLOWED HIS CLAIM FOR $400 FOR MAKING A RELIEF MAP OF THE STATE OF NEW HAMPSHIRE FOR THE GEOLOGICAL SURVEY. CLAIMANT COMPLETED AND DELIVERED THE MAP OF NEW HAMPSHIRE AND THE PRESENT CLAIM IS FOR PAYMENT OF THE AMOUNT AGREED UPON AS THE PRICE THEREOF. THE DISALLOWANCE WAS INADVERTENTLY BASED ON THE GROUND THAT THE APPROPRIATION SOUGHT TO BE CHARGED DID NOT PROVIDE FOR PERSONAL SERVICES AND THAT. THE PROCUREMENT OF SUCH SERVICES WAS IN CONTRAVENTION OF THE ACT OF AUGUST 5. 1927" SPECIFICALLY PROVIDES FOR PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA THE GROUND OF THE DISALLOWANCE WAS ERRONEOUS.

A-18662, JUNE 13, 1927, 6 COMP. GEN. 820

PERSONAL SERVICES - MAP MAKING CONTRACTING BY GEOLOGICAL SURVEY WITH A FORMER EMPLOYEE FOR THE MAKING OF RELIEF MAPS FOR A LUMP SUM EACH IS NOT AUTHORIZED.

DECISION BY COMPTROLLER GENERAL MCCARL, JUNE 13, 1927:

JOHN H. RENSHAWE APPLIED MAY 16, 1927, FOR REVIEW OF SETTLEMENT 0175141, DATED APRIL 1, 1927, WHEREBY WAS DISALLOWED HIS CLAIM FOR $400 FOR MAKING A RELIEF MAP OF THE STATE OF NEW HAMPSHIRE FOR THE GEOLOGICAL SURVEY.

IT APPEARS THAT ON NOVEMBER 10, 1926, THE INTERIOR DEPARTMENT ENTERED INTO A CONTRACT WITH CLAIMANT TO FURNISH A RELIEF MAP OF THE STATE OF NEW HAMPSHIRE FOR $400 AND ONE OF THE STATE OF MAINE FOR $550, PAYMENT TO BE MADE UPON COMPLETION AND DELIVERY OF THE MAP IN EACH CASE. CLAIMANT COMPLETED AND DELIVERED THE MAP OF NEW HAMPSHIRE AND THE PRESENT CLAIM IS FOR PAYMENT OF THE AMOUNT AGREED UPON AS THE PRICE THEREOF.

THE DISALLOWANCE WAS INADVERTENTLY BASED ON THE GROUND THAT THE APPROPRIATION SOUGHT TO BE CHARGED DID NOT PROVIDE FOR PERSONAL SERVICES AND THAT, THEREFORE, THE PROCUREMENT OF SUCH SERVICES WAS IN CONTRAVENTION OF THE ACT OF AUGUST 5, 1882, 22 STAT. 255. SINCE THE APPROPRIATION "TOPOGRAPHIC SERVICES, 1927" SPECIFICALLY PROVIDES FOR PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA THE GROUND OF THE DISALLOWANCE WAS ERRONEOUS.

HOWEVER, THE MAKING OF A RELIEF MAP INVOLVES PERSONAL SERVICES SUCH AS ARE FOR PERFORMANCE BY PERSONS REGULARLY EMPLOYED IN THE DEPARTMENT REQUIRING SUCH SERVICES AND SUBJECT TO ADMINISTRATIVE SUPERVISION. IN THE ABSENCE OF SPECIFIC STATUTORY PROVISION THEREFOR SUCH SERVICES MAY NOT LEGALLY BE OBTAINED BY CONTRACT AS IN THIS CASE. SEE 6 COMP. GEN.324, AND THE DECISIONS THEREIN CITED.

FURTHERMORE, THE DUTY OF MAKING TOPOGRAPHIC MAPS IS IMPOSED BY LAW ON THE GEOLOGICAL SURVEY, AND CONTRACTING WITH AN OUTSIDE AGENCY OR INDIVIDUAL TO PERFORM THE DUTY THUS IMPOSED IS NOT AUTHORIZED. SEE UNDERWOOD V. THE UNITED STATES, DECIDED BY THE COURT OF CLAIMS JUNE 14, 1926.

IN A DECISION OF JANUARY 19, 1926, A-11664, WITH REFERENCE TO A SITUATION SIMILAR TO THAT HERE PRESENTED, IT WAS SAID:

* * * FURTHERMORE, CONTRACTING, WITHOUT COMPETITION, WITH A FORMER EMPLOYEE SHORTLY AFTER HIS SEPARATION FROM THE SERVICE TO CARRY ON OR PERFORM SERVICES SIMILAR TO THOSE PERFORMED DURING HIS EMPLOYMENT, IS OBJECTIONABLE AS, AMONG OTHER THINGS, HAVING THE POSSIBILITY OF FAVORITISM; AND, CONSIDERING ARCHITECTURAL SERVICES AS PERSONAL SERVICES, THE PROCUREMENT OF WHICH IS NOT SUBJECT TO THE STATUTORY REQUIREMENTS RELATIVE TO ADVERTISING AND COMPETITION, THERE WOULD BE FOR CONSIDERATION WHETHER AN ARRANGEMENT UNDER WHICH AN EMPLOYEE'S SERVICES ARE TERMINATED AND HE IS REENGAGED UNDER A FORM OF CONTRACT PROVIDING FOR COMPENSATION AT A RATE IN EXCESS OF HIS FORMER SALARY, IS NOT IN VIOLATION OF STATUTORY LIMITATIONS RELATIVE TO THE EMPLOYMENT OF PERSONAL SERVICES.

FOR THE REASONS HEREIN SET FORTH THE SETTLEMENT MUST BE AND IS SUSTAINED.