A-21627, FEBRUARY 23, 1928, 7 COMP. GEN. 512

A-21627: Feb 23, 1928

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PROVISION IS MADE THAT PURCHASES THEREUNDER SHALL BE IN ACCORDANCE WITH SCHEDULES OF THE GENERAL SUPPLY COMMITTEE. THE AMOUNT AT WHICH SAID ARTICLES COULD HAVE BEEN PURCHASED UNDER THE GENERAL SUPPLY CONTRACT. THE PURCHASE WAS MADE UPON THE ORDER OF THE ARCHITECT OF THE CAPITOL. WHEN NEEDED AND FUNDS ARE AVAILABLE. IT WAS HELD IN A DECISION OF THIS OFFICE DATED DECEMBER 14. PROVISION IS SPECIFICALLY MADE THAT PURCHASES THEREUNDER SHALL BE IN ACCORDANCE WITH SCHEDULES OF THE GENERAL SUPPLY COMMITTEE. CONSEQUENTLY THE PURCHASES MADE IN THIS INSTANCE SHOULD HAVE BEEN MADE UNDER THE GENERAL SUPPLY CONTRACTS. CREDIT WILL BE ALLOWED FOR THESE TWO ITEMS. UPON REVIEW CREDIT WILL BE ALLOWED IN THE DISBURSING OFFICERS ACCOUNT IN THE SUM OF $1.45.

A-21627, FEBRUARY 23, 1928, 7 COMP. GEN. 512

ARCHITECT OF THE CAPITOL - OPEN-MARKET PURCHASES THE PROVISION IN THE ACT OF MAY 13, 1926, 44 STAT. 547, THAT PURCHASES OF SUPPLIES AND EQUIPMENT FOR ALL BRANCHES UNDER THE ARCHITECT OF THE CAPITOL MAY BE MADE IN OPEN MARKET WITHOUT COMPLIANCE WITH SECTIONS 3709 AND 3744 OF THE REVISED STATUTES, IN THE MANNER COMMON AMONG BUSINESS MEN, WHEN THE AGGREGATE AMOUNT OF THE PURCHASE OR THE SERVICE DOES NOT EXCEED $200 IN ANY INSTANCE, IN NO WAY MODIFIES OR REPEALS THE ACT OF JUNE 17, 1910, 36 STAT. 531. THE AUTHORITY GRANTED THE ARCHITECT OF THE CAPITOL IN THE ACT OF FEBRUARY 23, 1927, 44 STAT. 1156, TO MAKE EXPENDITURES UNDER THE APPROPRIATIONS FOR CAPITOL BUILDINGS AND GROUNDS, WITHOUT REFERENCE TO SECTION 4 OF THE ACT OF JUNE 17, 1910, 36 STAT. 531, DOES NOT APPLY TO EXPENDITURES MADE BY SAID OFFICER UNDER OTHER APPROPRIATIONS, PARTICULARLY WHEN, AS IN THE CASE OF THE DISTRICT OF COLUMBIA APPROPRIATIONS, PROVISION IS MADE THAT PURCHASES THEREUNDER SHALL BE IN ACCORDANCE WITH SCHEDULES OF THE GENERAL SUPPLY COMMITTEE.

DECISION BY COMPTROLLER GENERAL MCCARL, FEBRUARY 23, 1928:

J. B. CALLAHAN, CHIEF DISBURSING CLERK, DEPARTMENT OF THE INTERIOR, REQUESTED FEBRUARY 6, 1928, REVIEW OF THE ACTION OF THIS OFFICE UNDER DATE OF JANUARY 30, 1928, IN DISALLOWING CREDIT IN HIS ACCOUNTS FOR $1.45 BEING THE DIFFERENCE BETWEEN THE AMOUNT PAID HUGH REILLY AND CO. ON VOUCHER NO. 40, OCTOBER, 1927, FOR A WAXING BRUSH AND 5 POUNDS OF WAX, AND THE AMOUNT AT WHICH SAID ARTICLES COULD HAVE BEEN PURCHASED UNDER THE GENERAL SUPPLY CONTRACT.

THE PURCHASE WAS MADE UPON THE ORDER OF THE ARCHITECT OF THE CAPITOL, AS A CHARGE UNDER THE APPROPRIATION "REPAIRS AND IMPROVEMENTS, COURTHOUSE, D.C., 1928," AS MADE IN THE ACT OF MARCH 2, 1927, 44 STAT. 1322, AND HEREINAFTER QUOTED.

THE ACT OF MAY 13, 1926, 44 STAT. 547, MAKING APPROPRIATIONS FOR THE LEGISLATIVE BRANCH OF THE GOVERNMENT, UNDER THE TITLE "ARCHITECT OF THE CAPITOL," PROVIDES:

HEREAFTER THE PURCHASE OF SUPPLIES AND EQUIPMENT AND THE PROCUREMENT OF SERVICES FOR ALL BRANCHES UNDER THE ARCHITECT OF THE CAPITOL MAY BE MADE IN THE OPEN MARKET WITHOUT COMPLIANCE WITH SECTIONS 3709 AND 3744 OF THE REVISED STATUTES OF THE UNITED STATES IN THE MANNER COMMON AMONG BUSINESS MEN, WHEN THE AGGREGATE AMOUNT OF THE PURCHASE OR THE SERVICE DOES NOT EXCEED $200 IN ANY INSTANCE.

THE ACT OF FEBRUARY 23, 1927, 44 STAT. 1156, MAKING APPROPRIATIONS FOR THE LEGISLATIVE BRANCH OF THE GOVERNMENT UNDER THE SUBTITLE, "CAPITOL BUILDINGS AND GROUNDS," FOR THE FISCAL YEAR ENDING JUNE 30, 1928, PROVIDES:

THE FOREGOING APPROPRIATIONS UNDER THE ARCHITECT OF THE CAPITOL MAY BE EXPENDED WITHOUT REFERENCE TO SECTION 4 OF THE ACT APPROVED JUNE 17, 1910, CONCERNING PURCHASES FOR EXECUTIVE DEPARTMENTS.

THE ACT OF MARCH 2, 1927, 44 STAT. 1322, MAKING APPROPRIATIONS FOR THE GOVERNMENT OF THE DISTRICT OF COLUMBIA AND OTHER ACTIVITIES CHARGEABLE IN WHOLE OR IN PART AGAINST THE REVENUES OF THE DISTRICT, FOR THE FISCAL YEAR ENDING JUNE 30, 1928, PROVIDES:

FOR REPAIRS AND IMPROVEMENTS TO THE COURTHOUSE, INCLUDING REPAIR AND MAINTENANCE OF THE MECHANICAL EQUIPMENT, AND FOR LABOR AND MATERIAL AND EVERY ITEM INCIDENT THERETO, $2,500, TO BE EXPENDED UNDER THE DIRECTION OF THE ARCHITECT OF THE CAPITOL.

THE SAME ACT FURTHER PROVIDES ON PAGE 1333, AS FOLLOWS:

SEC. 6. THAT THE COMMISSIONERS AND OTHER RESPONSIBLE OFFICIALS, IN EXPENDING APPROPRIATIONS CONTAINED IN THIS ACT, SO FAR AS POSSIBLE SHALL PURCHASE MATERIAL, SUPPLIES, INCLUDING FOOD SUPPLIES AND EQUIPMENT, WHEN NEEDED AND FUNDS ARE AVAILABLE, IN ACCORDANCE WITH THE REGULATIONS AND SCHEDULES OF THE GENERAL SUPPLY COMMITTEE OR FROM THE VARIOUS SERVICES OF THE GOVERNMENT OF THE UNITED STATES POSSESSING MATERIAL, SUPPLIES, PASSENGER-CARRYING AND OTHER MOTOR VEHICLES, AND EQUIPMENT NO LONGER REQUIRED BECAUSE OF THE CESSATION OF WAR ACTIVITIES. * * *

THE OFFICE OF ARCHITECT OF THE CAPITOL FALLS UNDER THE LEGISLATIVE BRANCH OF THE GOVERNMENT; AND WHILE THE ACT OF MARCH 13, 1926, SUPRA, PROVIDES THAT SUPPLIES AND EQUIPMENT FOR ALL BRANCHES UNDER THE ARCHITECT OF THE CAPITOL MAY BE PURCHASED IN OPEN MARKET WITHOUT COMPLIANCE WITH SECTIONS 3709 AND 3744, REVISED STATUTES, IT WAS HELD IN A DECISION OF THIS OFFICE DATED DECEMBER 14, 1927, A-20734, THAT THE PROVISION IN THE ANNUAL APPROPRIATION ACT FOR THE INTERIOR DEPARTMENT FOR THE FISCAL YEAR 1926, 43 STAT. 1143, THAT PURCHASES OF SUPPLIES AND EQUIPMENT FOR THAT DEPARTMENT MAY BE MADE IN OPEN MARKET WITHOUT COMPLIANCE WITH SECTIONS 3709 AND 3744, REVISED STATUTES, IN THE MANNER COMMON AMONG BUSINESS MEN WHEN THE AGGREGATE AMOUNT OF THE PURCHASE OR SERVICE DOES NOT EXCEED $100 IN ANY INSTANCE IN NO WAY MODIFIES OR REPEALS THE ACT OF JUNE 17, 1910, 36 STAT. 531.

THE AUTHORITY GRANTED THE ARCHITECT OF THE CAPITOL IN THE LEGISLATIVE ACT OF FEBRUARY 23, 1927, SUPRA, TO MAKE EXPENDITURES UNDER THE APPROPRIATIONS FOR CAPITOL BUILDINGS AND GROUNDS, WITHOUT REFERENCE TO SECTION 4 OF THE ACT APPROVED JUNE 17, 1910, SUPRA, DOES NOT APPLY TO EXPENDITURES MADE BY HIM UNDER OTHER APPROPRIATIONS, PARTICULARLY WHERE, AS IN THE CASE OF THE DISTRICT OF COLUMBIA APPROPRIATIONS, PROVISION IS SPECIFICALLY MADE THAT PURCHASES THEREUNDER SHALL BE IN ACCORDANCE WITH SCHEDULES OF THE GENERAL SUPPLY COMMITTEE.

CONSEQUENTLY THE PURCHASES MADE IN THIS INSTANCE SHOULD HAVE BEEN MADE UNDER THE GENERAL SUPPLY CONTRACTS. HOWEVER, IN VIEW OF THE APPARENT CONFUSION ARISING FROM THE DIFFERENT PROVISIONS OF STATUTES HEREINBEFORE QUOTED AS TO THE ARCHITECT'S AUTHORITY IN THIS CONNECTION, CREDIT WILL BE ALLOWED FOR THESE TWO ITEMS, BUT HEREAFTER PURCHASES MADE UNDER THE APPROPRIATION "REPAIRS AND IMPROVEMENTS, COURTHOUSE, D.C., 1928," MUST BE MADE THROUGH THE GENERAL SUPPLY COMMITTEE.

UPON REVIEW CREDIT WILL BE ALLOWED IN THE DISBURSING OFFICERS ACCOUNT IN THE SUM OF $1.45.