A-23650, JANUARY 2, 1929, 8 COMP. GEN. 317

A-23650: Jan 2, 1929

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PRINTING AND BINDING - BLANK BOOKS IN THE ABSENCE OF A SHOWING THAT THE GOVERNMENT PRINTING OFFICE IS UNABLE TO FURNISH BLANK BOOKS TO MEET THE NEEDS OF THE GOVERNMENT DEPARTMENTS AND ESTABLISHMENTS THEY MUST BE PROCURED EXCLUSIVELY FROM THE PUBLIC PRINTER. THE SAID LETTER IS AS FOLLOWS: REPLYING TO BUREAU LETTER OF THE 12TH INSTANT. IN WHICH IT IS NOTED THAT CLAIM FOR PAYMENT WAS DISALLOWED. I HAVE TO ADVISE YOU THAT THESE NOTEBOOKS WERE PURCHASED IN OPEN MARKET COMPETITION. THIS OFFICE IS AWARE OF THE REQUIREMENT COVERED IN THE PROVISIONS OF THE ACT OF MARCH 1. WAS NOT OF THE OPINION THAT THIS AFFECTED NOTEBOOKS. WHICH ARE LISTED ON THE GENERAL SCHEDULE OF SUPPLIES. WAS DISALLOWED BY THIS OFFICE UNDER DATE OF JUNE 23.

A-23650, JANUARY 2, 1929, 8 COMP. GEN. 317

PRINTING AND BINDING - BLANK BOOKS IN THE ABSENCE OF A SHOWING THAT THE GOVERNMENT PRINTING OFFICE IS UNABLE TO FURNISH BLANK BOOKS TO MEET THE NEEDS OF THE GOVERNMENT DEPARTMENTS AND ESTABLISHMENTS THEY MUST BE PROCURED EXCLUSIVELY FROM THE PUBLIC PRINTER. THE HEADS OF THE RESPECTIVE DEPARTMENTS AND ESTABLISHMENTS MAY NOT OBLIGATE THE GOVERNMENT FOR PRINTING WORK DONE BY COMMERCIAL ESTABLISHMENTS WHEN THE LAW REQUIRES THAT IT BE DONE AT THE GOVERNMENT PRINTING OFFICE.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF LABOR, JANUARY 2, 1929:

THERE HAS BEEN RECEIVED A LETTER DATED DECEMBER 8, 1928, FROM THE CHIEF CLERK OF YOUR DEPARTMENT TRANSMITTING COPY OF A LETTER DATED NOVEMBER 23, 1928, FROM THE ASSISTANT COMMISSIONER OF IMMIGRATION, ELLIS ISLAND, NEW YORK, WITH REFERENCE TO THE PURCHASE OF STENOGRAPHIC NOTEBOOKS FROM BAINBRIDGE, KIMPTON AND HAUPT (INC.) , UNDER A PROPOSAL ACCEPTED APRIL 13, 1928. THE SAID LETTER IS AS FOLLOWS:

REPLYING TO BUREAU LETTER OF THE 12TH INSTANT, FILE 55609/4 A AND P, AND ACCOMPANYING LETTER OF AUGUST 3, FILE A-23650, FROM THE COMPTROLLER- GENERAL OF THE UNITED STATES, RELATIVE TO PURCHASE OF STENOGRAPHIC NOTEBOOKS FROM BAINBRIDGE, KIMPTON AND HAUPT (INC.) , IN AMOUNT OF $15.36, UNDER DATE OF APRIL 13, IN WHICH IT IS NOTED THAT CLAIM FOR PAYMENT WAS DISALLOWED, I HAVE TO ADVISE YOU THAT THESE NOTEBOOKS WERE PURCHASED IN OPEN MARKET COMPETITION. THIS OFFICE IS AWARE OF THE REQUIREMENT COVERED IN THE PROVISIONS OF THE ACT OF MARCH 1, 1919, 40 STAT. 1270 THAT ALL BLANK BOOK WORK BE DONE AT THE GOVERNMENT PRINTING OFFICE, BUT WAS NOT OF THE OPINION THAT THIS AFFECTED NOTEBOOKS, WHICH ARE LISTED ON THE GENERAL SCHEDULE OF SUPPLIES, SINCE UNDER DATE OF MAY 22, 1926, FILE 55502-6, THE BUREAU ADVISED THIS OFFICE THAT AFTER JULY 1, 1926, THE IMMIGRATION FIELD SERVICE WOULD BE EXEMPTED FROM PURCHASING THROUGH THE GENERAL SUPPLY COMMITTEE.

THE CLAIM OF THE SAID BAINBRIDGE, KIMPTON AND HAUPT (INC.) , WAS DISALLOWED BY THIS OFFICE UNDER DATE OF JUNE 23, 1928, BECAUSE OF THE PROVISION IN THE ACT OF MARCH 1, 1919, 40 STAT. 1270, WHICH READS:

SEC. 11 * * * 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.

THE JOINT COMMITTEE ON PRINTING HAS, IN EFFECT, DEFINED THE TERM "BLANK- BOOK WORK" AS INCLUDING WORK PERFORMED ON ALL BOOKS THAT REQUIRE PRINTING, BINDING, OR RULING OPERATIONS FOR THEIR MANUFACTURE, AND THE PUBLIC PRINTER, IN HIS COMMUNICATION DATED APRIL 1, 1927, ADVISED THE HEADS OF ALL EXECUTIVE DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS THAT HE WAS IN A POSITION TO FURNISH STENOGRAPHERS' NOTEBOOKS, AND, BY HIS COMMUNICATION DATED JUNE 23, 1927, HE FURTHER ADVISED THAT AUTHORITY HAD BEEN GRANTED FOR THE PURCHASE OF MACHINERY EQUIPMENT, ETC., FOR THE PURPOSE OF MAKING BLANK BOOKS FOR USE OF ALL EXECUTIVE DEPARTMENTS OF THE GOVERNMENT. ACCORDINGLY, SUCH BOOKS ARE TO BE OBTAINED FROM THE GOVERNMENT PRINTING OFFICE, IF POSSIBLE, "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.' SEE 7 COMP. GEN. 185.

THE FACT THAT STENOGRAPHERS' NOTEBOOKS ARE LISTED IN THE GENERAL SUPPLY COMMITTEE SCHEDULE DOES NOT JUSTIFY THE ASSUMPTION THAT THEY ARE NOT BLANK BOOKS SUCH AS ARE REQUIRED TO BE OBTAINED FROM THE GOVERNMENT PRINTING OFFICE. 7 COMP. GEN. 411.

AS TO THE LACK OF AUTHORITY TO OBLIGATE THE GOVERNMENT FOR PRINTING WORK DONE BY COMMERCIAL ESTABLISHMENTS WHEN THE LAW REQUIRES THAT IT BE DONE AT THE GOVERNMENT PRINTING OFFICE, YOUR ATTENTION IS INVITED TO THE CASE OF THE CONSOLIDATED SUPPLY COMPANY V. UNITED STATES, 59 CT.CLS. 157.

AS THE NOTEBOOKS HERE IN QUESTION APPEAR TO HAVE BEEN PURCHASED IN GOOD FAITH UNDER A MISCONCEPTION AS TO THE RIGHT TO OBTAIN THEM FROM THE GOVERNMENT PRINTING OFFICE, THE CLAIM FOR THE PURCHASE PRICE OF THE NOTEBOOKS WILL NOW BE ALLOWED, IF OTHERWISE CORRECT. BUT HEREAFTER, THE PROCEDURE IN SUCH MATTERS SHOULD BE AS HEREIN INDICATED.