A-20502, JANUARY 19, 1928, 7 COMP. GEN. 422

A-20502: Jan 19, 1928

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WILL NOT BE REGARDED AS AUTHORIZING ANY EXCEPTION OR EXEMPTION WHATSOEVER FROM THE REQUIREMENTS OF SECTION 3709. 1928: I HAVE A LETTER DATED DECEMBER 23. WHEREIN YOU WERE ADVISED AS TO THE ILLEGALITY OF THE PROCEDURE FOLLOWED IN AWARDING THE CONTRACT FOR THE FURNISHING OF VARIOUS UNITS OF AUTOMOTIVE EQUIPMENT TO THE PANAMA CANAL. YOUR INSISTENCE IN APPLYING SAID DECISION TO PURCHASES OF A CLASS TO WHICH IT WAS INTENDED TO HAVE NO APPLICATION. SAID DECISION IS HEREBY SET ASIDE. SAID DECISION WILL NOT BE REGARDED AS AUTHORIZING ANY EXCEPTION OR EXEMPTION WHATSOEVER FROM THE REQUIREMENTS OF SECTION 3709.

A-20502, JANUARY 19, 1928, 7 COMP. GEN. 422

ADVERTISING - BIDS - PANAMA CANAL PURCHASES WITH RESPECT TO PURCHASES HEREAFTER MADE BY THE PANAMA CANAL THE DECISION OF MAY 19, 1922, 1 COMP. GEN. 689, WILL NOT BE REGARDED AS AUTHORIZING ANY EXCEPTION OR EXEMPTION WHATSOEVER FROM THE REQUIREMENTS OF SECTION 3709, REVISED STATUTES, AND THE DECISIONS OF THE COMPTROLLER GENERAL OF THE UNITED STATES WITH REFERENCE THERETO.

COMPTROLLER GENERAL MCCARL TO THE GOVERNOR OF THE PANAMA CANAL, JANUARY 19, 1928:

I HAVE A LETTER DATED DECEMBER 23, 1927, FROM THE GENERAL PURCHASING OFFICER, PANAMA CANAL, BY YOUR DIRECTION, WITH REFERENCE TO MY LETTER OF DECEMBER 3, 1927, WHEREIN YOU WERE ADVISED AS TO THE ILLEGALITY OF THE PROCEDURE FOLLOWED IN AWARDING THE CONTRACT FOR THE FURNISHING OF VARIOUS UNITS OF AUTOMOTIVE EQUIPMENT TO THE PANAMA CANAL, FILE R 12192-K-1.

IN VIEW OF YOUR APPARENT MISCONCEPTION OF THE SCOPE AND EFFECT OF THE DECISION OF MAY 19, 1922, 1 COMP. GEN. 689, AND YOUR INSISTENCE IN APPLYING SAID DECISION TO PURCHASES OF A CLASS TO WHICH IT WAS INTENDED TO HAVE NO APPLICATION, SAID DECISION IS HEREBY SET ASIDE, AND WITH RESPECT TO PURCHASES HEREAFTER MADE, SAID DECISION WILL NOT BE REGARDED AS AUTHORIZING ANY EXCEPTION OR EXEMPTION WHATSOEVER FROM THE REQUIREMENTS OF SECTION 3709, REVISED STATUTES, AND THE DECISIONS OF THIS OFFICE WITH REFERENCE THERETO.