A-27572, JUNE 29, 1929, 8 COMP. GEN. 670

A-27572: Jun 29, 1929

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BLANK-BOOK WORK AS HE IS NOT ABLE OR EQUIPPED TO DO AT THE GOVERNMENT PRINTING OFFICE. IT IS NOT WITHIN THE AUTHORITY OF ANY GOVERNMENT DEPARTMENT OR ESTABLISHMENT TO LEASE TABULATING MACHINES UNDER A LEASE CONTAINING A PROVISION THAT . WHICH CONTAINS A PROVISION READING AS FOLLOWS: "IT IS UNDERSTOOD AND AGREED THAT NO CARDS OTHER THAN THOSE FURNISHED BY THIS COMPANY OR MANUFACTURED BY THE PUBLIC PRINTER SHALL BE USED IN MACHINES LEASED FROM THIS COMPANY.'. KINDLY ADVISE WHETHER THE INTERSTATE COMMERCE COMMISSION IS AUTHORIZED. AS THE PUBLIC PRINTER IS NOT ABLE OR EQUIPPED TO DO AT THE GOVERNMENT PRINTING OFFICE MAY BE PRODUCED ELSEWHERE UNDER CONTRACTS MADE BY HIM WITH THE APPROVAL OF THE JOINT COMMITTEE ON PRINTING.

A-27572, JUNE 29, 1929, 8 COMP. GEN. 670

TABULATING CARDS - LEASE OF TABULATING MACHINES IN VIEW OF THE PROVISION IN THE ACT OF FEBRUARY 28, 1929, 45 STAT. 1400, AUTHORIZING THE PUBLIC PRINTER TO PROCURE BY CONTRACT SUCH PRINTING, BINDING, AND BLANK-BOOK WORK AS HE IS NOT ABLE OR EQUIPPED TO DO AT THE GOVERNMENT PRINTING OFFICE, IT IS NOT WITHIN THE AUTHORITY OF ANY GOVERNMENT DEPARTMENT OR ESTABLISHMENT TO LEASE TABULATING MACHINES UNDER A LEASE CONTAINING A PROVISION THAT ,NO CARDS OTHER THAN THOSE FURNISHED BY THIS COMPANY OR MANUFACTURED BY THE PUBLIC PRINTER SHALL BE USED IN MACHINES LEASED FROM THIS COMPANY.'

COMPTROLLER GENERAL MCCARL TO THE CHAIRMAN, INTERSTATE COMMERCE COMMISSION, JUNE 29, 1929:

THERE HAS BEEN RECEIVED YOUR LETTER OF JUNE 5, 1929, AS FOLLOWS:

THE REMINGTON RAND BUSINESS SERVICE, INCORPORATED, HAS SUBMITTED TO THE INTERSTATE COMMERCE COMMISSION FOR ACCEPTANCE A PROPOSED LEASING CONTRACT, COVERING THE LEASING OF POWERS ACCOUNTING MACHINES FOR THE FISCAL YEAR BEGINNING JULY 1, 1929, AND ENDING JUNE 30, 1930, WHICH CONTAINS A PROVISION READING AS FOLLOWS:

"IT IS UNDERSTOOD AND AGREED THAT NO CARDS OTHER THAN THOSE FURNISHED BY THIS COMPANY OR MANUFACTURED BY THE PUBLIC PRINTER SHALL BE USED IN MACHINES LEASED FROM THIS COMPANY.'

KINDLY ADVISE WHETHER THE INTERSTATE COMMERCE COMMISSION IS AUTHORIZED, UNDER EXISTING LAWS, TO ACCEPT THIS PROPOSED LEASING CONTRACT IN ITS PRESENT FORM.

THE LEGISLATIVE APPROPRIATION ACT OF FEBRUARY 28, 1929, 45 STAT. 1400, CONTAINS THE FOLLOWING PROVISION:

* * * THAT HEREAFTER SUCH PRINTING, BINDING, AND BLANK-BOOK WORK AUTHORIZED BY LAW, AS THE PUBLIC PRINTER IS NOT ABLE OR EQUIPPED TO DO AT THE GOVERNMENT PRINTING OFFICE MAY BE PRODUCED ELSEWHERE UNDER CONTRACTS MADE BY HIM WITH THE APPROVAL OF THE JOINT COMMITTEE ON PRINTING.

TABULATING CARDS, WHEN PRINTED ON ORDER TO MEET THE NEEDS OF PARTICULAR GOVERNMENT SERVICES, CONSTITUTE PRINTING WITHIN THE MEANING OF THAT TERM AS USED IN THE ACT OF MARCH 1, 1919, 40 STAT. 1270. THE CONGRESS HAS BY THE CITED ACT OF 1929 AUTHORIZED THE PUBLIC PRINTER TO PROCURE ELSEWHERE UNDER CONTRACT MADE BY HIM SUCH PRINTING, BINDING, AND BLANK-BOOK WORK AS HE IS NOT ABLE OR EQUIPPED TO DO AT THE GOVERNMENT PRINTING OFFICE, AND THERE APPEARS TO BE NO ALTERNATIVE BUT TO ORDER FROM THE PUBLIC PRINTER ALL TABULATING CARS REQUIRED FOR THE NEEDS OF YOUR COMMISSION. THE RESPONSIBILITY OF FURNISHING SATISFACTORY CARDS, WHETHER PRINTED IN THE GOVERNMENT PRINTING OFFICE OR OBTAINED ELSEWHERE UNDER CONTRACTS MADE BY THE PUBLIC PRINTER, IS THAT OF THE PUBLIC PRINTER. A-25233, APRIL 23, 1929.

IT BEING MANDATORY TO PROCURE THE TABULATING CARDS FROM THE PUBLIC PRINTER, THERE IS NO AUTHORITY TO ENTER INTO A LEASE FOR TABULATING MACHINES WHICH RESTRICTS THE CARDS TO BE USED IN SUCH MACHINES TO THOSE FURNISHED BY THE LESSOR OR "MANUFACTURED" BY THE PUBLIC PRINTER. THIS RESTRICTION SHOULD EITHER BE ENTIRELY OMITTED FROM THE LEASE OR AMENDED TO PERMIT THE USE OF CARDS "MANUFACTURED OR CONTRACTED FOR BY THE PUBLIC PRINTER.' YOUR SUBMISSION IS ANSWERED ACCORDINGLY.