A-22657, MAY 10, 1928, 7 COMP. GEN. 712

A-22657: May 10, 1928

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UNLESS SUCH ARTICLES ARE FOR FIELD DELIVERY. 1928: RECEIPT IS ACKNOWLEDGED OF YOUR LETTER OF APRIL 23. THE RESPECTIVE ACTS PROVIDING FOR THE PROCUREMENT OF VARIOUS COMMODITIES FROM THE GOVERNMENT PRINTING OFFICE ARE AS FOLLOWS: ACT OF JUNE 28. 32 STAT. 481: THE PUBLIC PRINTER IS AUTHORIZED HEREAFTER TO PROCURE AND SUPPLY. EXCEPT SUCH CLASSES OF WORK AS SHALL BE DEEMED BY THE JOINT COMMITTEE ON PRINTING TO BE URGENT OR NECESSARY TO HAVE DONE ELSEWHERE THAN IN THE DISTRICT OF COLUMBIA FOR THE EXCLUSIVE USE OF ANY FIELD SERVICE OUTSIDE OF SAID DISTRICT. 43 STAT. 592: THE PUBLIC PRINTER IS HEREBY AUTHORIZED TO PROCURE. WERE SUMMED UP IN THE DECISION OF THIS OFFICE OF MARCH 31. IN WHICH THE FOLLOWING RULE WAS ANNOUNCED: WHERE THE ARTICLE NEEDED REQUIRES PRINTING OR BINDING AT THE INSTANCE OF THE PROCURING DEPARTMENT OR OFFICE.

A-22657, MAY 10, 1928, 7 COMP. GEN. 712

GOVERNMENT PRINTING OFFICE - GENERAL SUPPLY SCHEDULE - PURCHASE OF ARTICLES OF STATIONERY MANIFOLD BLANKS, BOOKS, AND FORMS AND PATENTED FILING DEVICES OR LOOSE- LEAF BINDERS COMING WITHIN THE PURVIEW OF THE ACT OF JUNE 28, 1902, 32 STAT. 481, MAY BE PROCURED EITHER FROM THE CONTRACTORS ON THE GENERAL SUPPLY SCHEDULE OR FROM THE GOVERNMENT PRINTING OFFICE, AT THE OPTION OF THE PROCURING SERVICE. PAPER AND ENVELOPES, AND INKS, GLUES, AND OTHER SUPPLIES LISTED BY THE GOVERNMENT PRINTING OFFICE ON ITS SCHEDULES ISSUED UNDER THE ACTS OF JUNE 7, 1924, 43 STAT. 592, AND MAY 13, 1926, 44 STAT. 550, MUST BE PROCURED FROM THE GOVERNMENT PRINTING OFFICE, AND NOT FROM CONTRACTORS ON THE GENERAL SUPPLY SCHEDULE, UNLESS SUCH ARTICLES ARE FOR FIELD DELIVERY. STENOGRAPHERS' NOTEBOOKS AND BLANK BOOKS "WHICH REQUIRE PRINTING, BINDING, OR RULING OPERATIONS FOR THEIR MANUFACTURE," EVEN THOUGH KEPT IN STOCK BY DEALERS FOR SALE TO THE PUBLIC GENERALLY, SHOULD NOT BE PROCURED FROM CONTRACTORS ON THE GENERAL SUPPLY SCHEDULE BUT FROM THE GOVERNMENT PRINTING OFFICE, AS REQUIRED UNDER THE ACT OF MARCH 1, 1919, 40 STAT. 1270, AND THE RULING OF THE JOINT COMMITTEE ON PRINTING.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE TREASURY, MAY 10, 1928:

RECEIPT IS ACKNOWLEDGED OF YOUR LETTER OF APRIL 23, 1927, REQUESTING A DECISION AS TO WHICH, IF ANY, OF THE ITEMS INCLUDED IN CLASS 1 OF THE GENERAL SCHEDULE OF SUPPLIES FOR 1928 SHOULD BE OMITTED FROM THE SCHEDULE FOR 1929, DUE TO THE STATUTORY PROVISIONS PROVIDING FOR THEIR PROCUREMENT FROM THE GOVERNMENT PRINTING OFFICE.

THE RESPECTIVE ACTS PROVIDING FOR THE PROCUREMENT OF VARIOUS COMMODITIES FROM THE GOVERNMENT PRINTING OFFICE ARE AS FOLLOWS:

ACT OF JUNE 28, 1902, 32 STAT. 481:

THE PUBLIC PRINTER IS AUTHORIZED HEREAFTER TO PROCURE AND SUPPLY, ON THE REQUISITION OF THE HEAD OF ANY EXECUTIVE DEPARTMENT OR OTHER GOVERNMENT ESTABLISHMENT, COMPLETE MANIFOLD BLANKS, BOOKS, AND FORMS, REQUIRED IN DUPLICATING PROCESSES; ALSO COMPLETE PATENTED DEVICES WITH WHICH TO FILE MONEY-ORDER STATEMENTS, OR OTHER UNIFORM OFFICIAL PAPERS, AND TO CHARGE SUCH SUPPLIES TO THE ALLOTMENT FOR PRINTING AND BINDING OF THE DEPARTMENT OR GOVERNMENT ESTABLISHMENT REQUIRING THE SAME.

ACT OF MARCH 1, 1919, 40 STAT. 1270:

* * * PROVIDED FURTHER, THAT ON AND AFTER JULY 1, 1919, ALL PRINTING,BINDING, AND BLANK-BOOK WORK FOR CONGRESS, THE EXECUTIVE OFFICE, THE JUDICIARY, AND EVERY EXECUTIVE DEPARTMENT, INDEPENDENT OFFICE, AND ESTABLISHMENT OF THE GOVERNMENT, SHALL BE DONE AT THE GOVERNMENT PRINTING OFFICE, EXCEPT SUCH CLASSES OF WORK AS SHALL BE DEEMED BY THE JOINT COMMITTEE ON PRINTING TO BE URGENT OR NECESSARY TO HAVE DONE ELSEWHERE THAN IN THE DISTRICT OF COLUMBIA FOR THE EXCLUSIVE USE OF ANY FIELD SERVICE OUTSIDE OF SAID DISTRICT.

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

THE PUBLIC PRINTER IS HEREBY AUTHORIZED TO PROCURE, UNDER DIRECTION OF THE JOINT COMMITTEE ON PRINTING AS PROVIDED FOR IN THE ACT APPROVED JANUARY 12, 1895, 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, AND REIMBURSEMENT THEREFOR SHALL BE MADE TO THE PUBLIC PRINTER FROM APPROPRIATIONS OR FUNDS AVAILABLE FOR SUCH PURPOSE; PAPER AND ENVELOPES SO FURNISHED BY THE PUBLIC PRINTER SHALL NOT BE PROCURED IN ANY OTHER MANNER THEREAFTER.

ACT OF MAY 13, 1926, 44 STAT. 550-1:

* * * INKS, GLUES, AND OTHER SUPPLIES MANUFACTURED BY THE GOVERNMENT PRINTING OFFICE IN CONNECTION WITH ITS WORK MAY BE FURNISHED TO DEPARTMENTS AND OTHER ESTABLISHMENTS OF THE GOVERNMENT UPON REQUISITION, AND PAYMENT MADE FROM APPROPRIATIONS AVAILABLE THEREOF; * * *.

THE RESPECTIVE DECISIONS OF THIS OFFICE HAVING TO DO WITH THE APPLICATION OF THE ACTS OF JUNE 28, 1902, MARCH 1, 1919, AND JUNE 7, 1924, SUPRA, WERE SUMMED UP IN THE DECISION OF THIS OFFICE OF MARCH 31, 1928, A-21519, IN WHICH THE FOLLOWING RULE WAS ANNOUNCED:

WHERE THE ARTICLE NEEDED REQUIRES PRINTING OR BINDING AT THE INSTANCE OF THE PROCURING DEPARTMENT OR OFFICE, IT MUST BE OBTAINED EXCLUSIVELY FROM THE GOVERNMENT PRINTING OFFICE UNDER THE ACT OF 1919. THE SAME RULE APPLIES IN CONNECTION WITH ALL BLANK-BOOK WORK. AS TO THE LATTER CLASS, THE JOINT COMMITTEE ON PRINTING HAS DECIDED UNDER THE AUTHORITY CONFERRED UPON IT BY SECTION 11 OF THE ACT OF 1919, THAT BOOKS WHICH REQUIRE PRINTING, BINDING, OR RULING OPERATIONS FOR THEIR MANUFACTURE ARE BLANK BOOKS WITHIN THE MEANING OF THE ACT OF 1919, AND THEY MUST, THEREFORE, BE PROCURED FROM THE GOVERNMENT PRINTING OFFICE. 7 COMP. GEN. 411.

AS TO ARTICLES WHICH DO NOT REQUIRE PRINTING AND BINDING AND ARE NOT BLANK BOOKS WITHIN THE MEANING OF THE ACT OF 1919, THERE IS NO REQUIREMENT UNDER THAT LAW THAT THEY BE PROCURED FROM THE GOVERNMENT PRINTING OFFICE. IN CASES OF LOOSE-LEAF BINDING DEVICES WHERE THEY ARE STAPLE COMMODITIES SUCH AS ARE USUALLY CARRIED IN STOCK BY DEALERS IN STATIONERY, FOR SALE TO THE GENERAL PUBLIC, AND DO NOT REQUIRE ANY PRINTING OR BINDING OPERATION IN THEIR MANUFACTURE, THEY ARE NOT BLANK BOOKS WITHIN THE MEANING OF THAT TERM AS USED IN THE ACT OF 1919, AND THE DECISION, 21 COMP. DEC. 63, IS STILL APPLICABLE TO THEIR PROCUREMENT, BUT IF THE ARTICLE FALLS WITHIN THE CLASSES COVERED BY THE ACT OF 1919, OR IS PAPER WITHIN THE MEANING OF THE ACT OF 1924, IT IS FOR PROCUREMENT EXCLUSIVELY FROM THE GOVERNMENT PRINTING OFFICE.

IT IS BELIEVED THAT THE RULES THUS STATED ACCORD WITH THE APPLICATION OF THE THREE ACTS AS CONTENDED FOR IN YOUR SUBMISSION, EXCEPT AS TO THE BLANK -BOOK WORK.

WITH RESPECT TO PROCURING INKS, GLUES, AND OTHER SUPPLIES MANUFACTURED BY THE GOVERNMENT PRINTING OFFICE AS PROVIDED FOR BY THE ACT OF MAY 13, 1926, IT WAS HELD IN 6 COMP. GEN. 87 THAT THE PROVISIONS OF THIS ACT WERE MANDATORY SO FAR AS PURCHASES FOR USE IN THE DISTRICT OF COLUMBIA WERE CONCERNED, BUT THAT PURCHASES FOR FIELD USE MIGHT BE MADE OTHERWISE IF THEY COULD BE PROCURED CHEAPER FOR DELIVERY IN THE FIELD THAN FROM THE GOVERNMENT PRINTING OFFICE, TAKING INTO CONSIDERATION THE COST OF PACKING AND TRANSPORTATION.

THIS OFFICE COULD NOT UNDERTAKE TO STATE IN ADVANCE JUST WHAT PARTICULAR ITEMS SHOULD OR SHOULD NOT BE INCLUDED IN THE GENERAL SUPPLY SCHEDULE, BUT IT MAY BE STATED GENERALLY, AND IN AMPLIFICATION OF THE RULES AND DECISIONS CITED ABOVE, THAT ITEMS COMING WITHIN THE PROVISIONS OF THE ACT OF JUNE 28, 1902, SUPRA, MAY BE INCLUDED IN SUCH SCHEDULE, AS THEIR PURCHASE FROM THE GOVERNMENT PRINTING OFFICE IS OPTIONAL; THAT ITEMS LISTED BY THE GOVERNMENT PRINTING OFFICE IN ITS SCHEDULES ISSUED UNDER THE ACTS OF JUNE 7, 1924, AND MAY 13, 1926, SUPRA, SHOULD NOT BE INCLUDED IN THE GENERAL SUPPLY SCHEDULE EXCEPT FOR FIELD DELIVERY; THAT NO STENOGRAPHERS' NOTEBOOKS OR BLANK BOOKS "WHICH REQUIRE PRINTING, BINDING, OR RULING OPERATIONS FOR THEIR MANUFACTURE," EVEN THOUGH KEPT IN STOCK BY DEALERS FOR SALE TO THE PUBLIC GENERALLY, SHOULD BE INCLUDED ON THE SCHEDULE AS THEY ARE REQUIRED UNDER THE ACT OF MARCH 1, 1919, AND THE RULING OF THE JOINT COMMITTEE ON PRINTING, SUPRA, TO BE PROCURED FROM THE GOVERNMENT PRINTING OFFICE.