A-21844, MARCH 27, 1928, 7 COMP. GEN. 600

A-21844: Mar 27, 1928

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SERVICES UNDER THEIR CONTROL TO BE CONTRACTED FOR THROUGH THE POST OFFICE DEPARTMENT IS APPLICABLE TO THE PURCHASE OF ENVELOPES BY THE NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS. UNTIL THE ABOVE COMMUNICATION WAS RECEIVED THIS OFFICE HAD NO KNOWLEDGE OF THE AMENDATORY ACT OF JUNE 26. IT IS REQUESTED THAT THE CONTRACTS AND PAYMENTS FOR THE CURRENT FISCAL YEAR BE ALLOWED. 3. IT MAY BE ADDED THAT THE PROCUREMENT OF ENVELOPES THROUGH THE OFFICE OF THE POSTMASTER GENERAL WILL BE OF ASSISTANCE TO THE NATIONAL HOME. FURTHER INFORMATION IS REQUESTED AS TO WHETHER THE PROVISIONS OF LAW REFERRED TO APPLY TO ENVELOPES OTHER THAN THOSE USED FOR OFFICIAL CORRESPONDENCE. AS THE APPROPRIATIONS OF YOUR INSTITUTION ARE SPECIFICALLY MADE SUBJECT TO THE GENERAL LAWS GOVERNING THE DISBURSEMENT OF PUBLIC MONEYS.

A-21844, MARCH 27, 1928, 7 COMP. GEN. 600

ENVELOPES - NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS THE ACT OF JANUARY 12, 1895, 28 STAT. 624, AS AMENDED BY THE ACT OF JUNE 26, 1906, 34 STAT. 476, REQUIRING ALL ENVELOPES FOR GOVERNMENT DEPARTMENTS, INDEPENDENT ESTABLISHMENTS, AND SERVICES UNDER THEIR CONTROL TO BE CONTRACTED FOR THROUGH THE POST OFFICE DEPARTMENT IS APPLICABLE TO THE PURCHASE OF ENVELOPES BY THE NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS.

COMPTROLLER GENERAL MCCARL TO THE GENERAL TREASURER OF THE NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS, MARCH 27, 1928:

THERE HAS BEEN RECEIVED IN REPLY TO LETTER OF FEBRUARY 3, 1928, FROM THIS OFFICE, WITH RESPECT TO THE CONTRACT BETWEEN THE NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS AND THE WHITAKER PAPER COMPANY FOR THE FURNISHING OF ENVELOPES, YOUR INDORSEMENT OF FEBRUARY 14, 1928, AS FOLLOWS:

1. ENVELOPES. UNTIL THE ABOVE COMMUNICATION WAS RECEIVED THIS OFFICE HAD NO KNOWLEDGE OF THE AMENDATORY ACT OF JUNE 26, 1906 (34 STAT. 476). HAD A COPY OF SECTION 96 OF THE ACT OF JANUARY 12, 1895 (28 STAT. 624), AS PRINTED IN THE SUPPLEMENT TO THE REVISED STATUTES. THE PROVISIONS OF SUCH ACT DID NOT COVER INDEPENDENT ESTABLISHMENTS OF THE GOVERNMENT.

2. IN VIEW OF THE FACT THAT THE FORMER PRACTICE OF THE NATIONAL HOME HAS BEEN CONTINUED WITHOUT QUESTION FOR MORE THAN TWENTY YEARS AFTER THE PASSAGE OF THE AMENDATORY ACT OF 1906, IT IS REQUESTED THAT THE CONTRACTS AND PAYMENTS FOR THE CURRENT FISCAL YEAR BE ALLOWED.

3. IT MAY BE ADDED THAT THE PROCUREMENT OF ENVELOPES THROUGH THE OFFICE OF THE POSTMASTER GENERAL WILL BE OF ASSISTANCE TO THE NATIONAL HOME, INSURING UNIFORMITY AND THE PROPER QUALITY OF PAPER.

4. FURTHER INFORMATION IS REQUESTED AS TO WHETHER THE PROVISIONS OF LAW REFERRED TO APPLY TO ENVELOPES OTHER THAN THOSE USED FOR OFFICIAL CORRESPONDENCE--- SUCH AS FILING ENVELOPES USED FOR KEEPING THE PAPERS OF THE MEMBERS, AND NOT USED FOR TRANSMISSION THROUGH THE MAILS.

THE ACT OF MARCH 3, 1887, 24 STAT. 539, PROVIDES THAT "ALL OF THE EXPENDITURES OF THE SAID HOME, INCLUDING THE EXPENSES OF THE BOARD OF MANAGERS, SHALL BE MADE SUBJECT TO THE GENERAL LAWS GOVERNING THE DISBURSEMENT OF PUBLIC MONEYS, SO FAR AS THE SAME CAN BE MADE APPLICABLE THERETO.'

THE ACT OF JANUARY 12, 1895, 28 STAT. 624, AS AMENDED BY THE ACT OF JUNE 26, 1906, 34 STAT. 476, PROVIDES:

* * * THE POSTMASTER GENERAL SHALL CONTRACT * * * FOR ALL ENVELOPES, STAMPED OR OTHERWISE, DESIGNED FOR SALE TO THE PUBLIC, OR FOR USE BY THE POST OFFICE DEPARTMENT, THE POSTAL SERVICE, AND OTHER EXECUTIVE DEPARTMENTS, AND ALL GOVERNMENT BUREAUS AND ESTABLISHMENTS, AND THE BRANCHES OF THE SERVICE COMING UNDER THEIR JURISDICTION, AND MAY CONTRACT FOR THEM TO BE PLAIN OR WITH SUCH PRINTED MATTER AS MAY BE PRESCRIBED BY THE DEPARTMENT MAKING REQUISITION THEREFOR: * * *.

AS THE APPROPRIATIONS OF YOUR INSTITUTION ARE SPECIFICALLY MADE SUBJECT TO THE GENERAL LAWS GOVERNING THE DISBURSEMENT OF PUBLIC MONEYS, IT FOLLOWS THAT THE ACT OF JANUARY 12, 1895, AS AMENDED, IS APPLICABLE TO THE PROCUREMENT OF ENVELOPES BY YOUR INSTITUTION. 20 COMP. DEC. 34; A-7727, MARCH 21, 1925. THE ACT OF JANUARY 12, 1895, AS AMENDED, SUPRA, IS NOT LIMITED TO ENVELOPES SUCH AS ARE GENERALLY USED FOR TRANSMISSION THROUGH THE MAILS BUT APPLIES TO ENVELOPES OF ALL KINDS AND SIZES. A-15999, NOVEMBER 20, 1926. THE POSTMASTER GENERAL ISSUES A SCHEDULE EACH FISCAL YEAR OF THE VARIOUS KINDS OF ENVELOPES CONTRACTED FOR AND SAID SCHEDULE PROVIDES THAT IF ENVELOPES OF OTHER SIZES, STYLES, AND QUALITY ARE NEEDED, THE PURCHASING OFFICER OF THE POST OFFICE DEPARTMENT WILL OBTAIN BIDS THEREFOR.

IN VIEW OF THE LONG-CONTINUED PRACTICE FOLLOWED BY YOUR INSTITUTION OF PURCHASING ENVELOPES WITHOUT KNOWLEDGE OF THE ACT OF JANUARY 12, 1895, AS AMENDED BY THE ACT OF JUNE 26, 1906, CREDIT WILL BE ALLOWED FOR PAYMENTS FOR SUCH PURCHASES UNDER CONTRACTS MADE PRIOR TO APRIL 1, 1928, BUT AS THE REQUIREMENTS OF THE STATUTE ARE MANDATORY, THIS OFFICE CAN NOT SANCTION THE CONTINUANCE OF SUCH PRACTICE FOR THE REMAINDER OF THE FISCAL YEAR AS REQUESTED BY YOU. 3 COMP. GEN. 945.

THE ACT OF JUNE 7, 1924, 43 STAT. 592, PROVIDES:

THE PUBLIC PRINTER IS HEREBY AUTHORIZED TO PROCURE * * * AND FURNISH ON REQUISITION PAPER AND ENVELOPES (NOT INCLUDING ENVELOPES PRINTED IN THE COURSE OF MANUFACTURE) IN COMMON USE BY TWO OR MORE DEPARTMENTS, ESTABLISHMENTS, OR SERVICES OF THE GOVERNMENT IN THE DISTRICT OF COLUMBIA, * * * PAPER AND ENVELOPES SO FURNISHED BY THE PUBLIC PRINTER SHALL NOT BE PROCURED IN ANY OTHER MANNER THEREAFTER.

SO FAR AS ENVELOPES DESIRED FOR USE IN THE DISTRICT OF COLUMBIA ARE CONCERNED, THIS ACT SUPERSEDES THE ACT OF JANUARY 12, 1895, AS AMENDED BY THE ACT OF JUNE 26, 1906, EXCEPT AS TO ENVELOPES PRINTED IN THE COURSE OF MANUFACTURE. A-8168, MARCH 9, 1925. HOWEVER, IT HAS NO APPLICATION TO FIELD SERVICES OR INSTITUTIONS OUTSIDE OF THE DISTRICT OF COLUMBIA AND IS NOT, THEREFORE, APPLICABLE TO YOUR INSTITUTION. SEE 4 COMP. GEN. 96; ID. 352.