A-18939, AUGUST 17, 1927, 7 COMP. GEN. 122

A-18939: Aug 17, 1927

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FOR DELIVERY AT WASHINGTON FOR DISTRIBUTION TO A FIELD SERVICE OF THE DEPARTMENT OR ESTABLISHMENT ARE PURCHASES FOR THE USE OF AN EXECUTIVE DEPARTMENT OR ESTABLISHMENT WITHIN THE MEANING OF THE ACT OF JUNE 17. WHICH DISALLOWED ITS CLAIM 0108883 (Z) FOR THE PRICE OF THREE ELECTRIC FANS TO THE EXTENT THAT SUCH PRICE EXCEEDED THAT FOR WHICH THE FANS COULD HAVE BEEN PURCHASED FROM A CONTRACTOR LISTED UPON THE GENERAL SCHEDULE OF SUPPLIES. TO BE FORWARDED WITH AN EMPLOYEE OF THE BUREAU WHO WAS SCHEDULED TO SAIL JULY 28. BIDS WERE INVITED FROM FOUR WASHINGTON FIRMS. ONLY TWO BIDS WERE RECEIVED. THE AWARD WAS GIVEN TO THE DOUBLEDAY HILL ELECTRIC CO. THE FANS WERE DELIVERED TO THE DEPARTMENT IN WASHINGTON AND WERE SHIPPED BY THE GOVERNMENT TO NEW YORK BY EXPRESS ON THE SAME DAY.

A-18939, AUGUST 17, 1927, 7 COMP. GEN. 122

GENERAL SUPPLY SCHEDULE - PURCHASES FOR FIELD SERVICES PURCHASES MADE BY AN EXECUTIVE DEPARTMENT OR ESTABLISHMENT AT WASHINGTON, D.C., FOR DELIVERY AT WASHINGTON FOR DISTRIBUTION TO A FIELD SERVICE OF THE DEPARTMENT OR ESTABLISHMENT ARE PURCHASES FOR THE USE OF AN EXECUTIVE DEPARTMENT OR ESTABLISHMENT WITHIN THE MEANING OF THE ACT OF JUNE 17, 1910, 36 STAT. 531, AND MUST BE MADE FROM A CONTRACTOR ON THE GENERAL SUPPLY SCHEDULE, IN THE ABSENCE OF AN ACTUAL EXIGENCY THAT WOULD PREVENT THE DELIVERY OF THE SUPPLIES IN TIME FOR THE NEEDS OF THE SERVICE.

DECISION BY ACTING COMPTROLLER GENERAL GINN, AUGUST 17, 1927:

THE DOUBLEDAY-HILL ELECTRIC CO. APPLIED JUNE 10, 1927, FOR REVIEW OF SETTLEMENT OF MAY 26, 1927, WHICH DISALLOWED ITS CLAIM 0108883 (Z) FOR THE PRICE OF THREE ELECTRIC FANS TO THE EXTENT THAT SUCH PRICE EXCEEDED THAT FOR WHICH THE FANS COULD HAVE BEEN PURCHASED FROM A CONTRACTOR LISTED UPON THE GENERAL SCHEDULE OF SUPPLIES.

THE FACTS IN THIS CASE SHOW THAT ON JULY 22, 1926, THE BUREAU OF FOREIGN AND DOMESTIC COMMERCE RECEIVED A CABLEGRAM FROM ITS OFFICE AT ROME, ITALY, REQUESTING THREE OSCILLATING FANS, 100 VOLT, ALTERNATING CURRENT, TO BE FORWARDED WITH AN EMPLOYEE OF THE BUREAU WHO WAS SCHEDULED TO SAIL JULY 28, 1926. BIDS WERE INVITED FROM FOUR WASHINGTON FIRMS, BUT ONLY TWO BIDS WERE RECEIVED, THAT OF THE DOUBLEDAY-HILL ELECTRIC CO. OFFERING IMMEDIATE DELIVERY AT $24.50 EACH, AND THAT OF THE CARROLL ELECTRIC CO. DELIVERY TO BE MADE IN ONE DAY AT THE COST OF $22.50 EACH. THE AWARD WAS GIVEN TO THE DOUBLEDAY HILL ELECTRIC CO. AND THE FANS WERE DELIVERED TO THE DEPARTMENT IN WASHINGTON AND WERE SHIPPED BY THE GOVERNMENT TO NEW YORK BY EXPRESS ON THE SAME DAY, JULY 22, 1926.

SIMILAR FANS TO THOSE PURCHASED ARE LISTED UPON THE GENERAL SCHEDULE OF SUPPLIES FOR THE FISCAL YEAR 1927, ITEM NO. 6072 (B) (3) AT A PRICE OF $16.25 EACH, THE CONTRACTOR BEING THE GENERAL ELECTRIC CO., OF SCHENECTADY, N.Y. THIS CONTRACT CALLS FOR DELIVERY IN FROM 1 TO 15 DAYS.

THE ACT OF JUNE 17, 1910, 36 STAT. 531, REQUIRES ALL SUPPLIES FOR EXECUTIVE DEPARTMENTS OR OTHER ESTABLISHMENTS AT WASHINGTON TO BE CONTRACTED FOR AND PURCHASED THROUGH THE GENERAL SUPPLY COMMITTEE. THESE PROVISIONS ARE APPLICABLE TO PURCHASES COVERING THE NEEDS OF DEPARTMENTS OR ESTABLISHMENTS FOR USE IN WASHINGTON, D.C., AND ALSO APPLY TO PURCHASES COVERING THE NEEDS OF FIELD SERVICES OF SUCH DEPARTMENTS OR ESTABLISHMENTS WHERE SUCH NEEDS ARE MET BY DISTRIBUTION FROM WASHINGTON. 18 COMP. DEC. 751; 19 ID. 547; A-15999, NOVEMBER 20, 1926. SUCH PURCHASES ARE AUTHORIZED TO BE MADE FROM DEALERS OTHER THAN THE GENERAL SUPPLY CONTRACTOR ONLY WHEN IT IS SHOWN THAT THE OUTSIDE DEALER COULD EFFECT DELIVERY AT AN EARLIER DATE THAN COULD THE GENERAL SUPPLY CONTRACTOR, AND THAT THE INTERESTS OF THE GOVERNMENT WOULD NOT PERMIT OF THE DELAY INCIDENT CONDITIONS TO OBTAINING THE ARTICLE FROM THE GENERAL SUPPLY CONTRACTOR. NO SUCH CONDITIONS ARE SHOWN IN THIS CASE. NO FACTS ARE REPORTED OF EFFORTS TO SECURE THE DELIVERY OF THE FANS FROM THE GENERAL SUPPLY CONTRACTOR, AND, SCHENECTADY BEING CLOSER TO NEW YORK THAN IS WASHINGTON, IT CAN NOT BE ASSUMED THAT DELIVERY COULD NOT HAVE BEEN EFFECTED FROM THE GENERAL SUPPLY CONTRACTOR IN AMPLE TIME TO ACCOMPANY THE EMPLOYEE SAILING JULY 28, 1926.

THERE COULD BE ALLOWED ON THE CLAIM UNDER THE CIRCUMSTANCES, IF ANYTHING, NO MORE THAN THE PRICE AT WHICH THE FANS COULD HAVE BEEN PURCHASED FROM THE GENERAL ELECTRIC CO., THAT IS, $16.25 EACH, OR A TOTAL OF $48.75, WHICH AMOUNT WAS ALLOWED IN THE SETTLEMENT IN QUESTION.