A-30795, MARCH 24, 1930, 9 COMP. GEN. 412

A-30795: Mar 24, 1930

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WHICH ARE NOT LISTED AS PAPER AVAILABLE FROM THE GOVERNMENT PRINTING OFFICE BUT ARE CARRIED IN STOCK BY DEALERS FOR SALE TO THE PUBLIC GENERALLY AND REQUIRE NO PRINTING OPERATION AFTER RECEIPT OF REQUISITION. AS FOLLOWS: REFERENCE IS MADE TO A LETTER FROM YOUR OFFICE TO CHAS. WHICH IS QUOTED BELOW. FOR WHICH YOU WERE PAID $19.20 AS SHOWN ON VOUCHER 22162. WAS IN ERROR AS THE FILLERS SHOULD HAVE BEEN PROCURED FROM THE PUBLIC PRINTER FOR THE REASON THAT THE ACT OF JUNE 28. THERE HAS BEEN NO SHOWING THAT THE THE GOVERNMENT PRINTING OFFICE WAS UNABLE TO FURNISH THE FILLERS IN QUESTION AND IN THE ABSENCE OF SUCH SHOWING THE FILLERS SHOULD HAVE BEEN PROCURED EXCLUSIVELY FROM THE PUBLIC PRINTER.'.

A-30795, MARCH 24, 1930, 9 COMP. GEN. 412

PRINTING AND BINDING - FILLERS FOR RING BINDERS FILLERS FOR RING BINDERS, CONSISTING OF RULED AND PUNCHED SHEETS WITHOUT OTHER PRINTING, WHICH ARE NOT LISTED AS PAPER AVAILABLE FROM THE GOVERNMENT PRINTING OFFICE BUT ARE CARRIED IN STOCK BY DEALERS FOR SALE TO THE PUBLIC GENERALLY AND REQUIRE NO PRINTING OPERATION AFTER RECEIPT OF REQUISITION, MAY BE PROCURED BY CONTRACT FROM THE LOWEST BIDDER, THEY NOT COMING WITHIN THE PURVIEW OF THE ACTS OF JUNE 28, 1902, 32 STAT. 481, MARCH 1, 1919, 40 STAT. 1270, OR THE ACT OF JUNE 7, 1924, 43 STAT. 592.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE TREASURY, MARCH 24, 1930:

THERE HAS BEEN RECEIVED YOUR LETTER OF DECEMBER 12, 1929, AS FOLLOWS:

REFERENCE IS MADE TO A LETTER FROM YOUR OFFICE TO CHAS. G. STOTT AND CO., INC., WASHINGTON, C., DATED NOVEMBER 1, 1929, WHICH IS QUOTED BELOW, IN PART, AS FOLLOWS:

"IT APPEARS THAT YOU FURNISHED 10 BOXES OF FILLERS FOR RING BINDER 9 1/2 INCHES BY 6 INCHES I-P NO. 511, 2 COL. JOURNAL RULING, 500 IN BOX, PERFORATIONS FOR 3 RING BINDER C TO C 3 1/2 INCHES TO THE CHIEF NATIONAL BANK EXAMINER, METROPOLITAN BANK BUILDING, WASHINGTON, D.C., JULY 28, 1927, UNDER YOUR PROPOSAL OF JUNE 27, 1927, FOR WHICH YOU WERE PAID $19.20 AS SHOWN ON VOUCHER 22162, AUGUST, 1927, ACCOUNT OF J. L. SUMMERS, D.C.

"THIS PAYMENT, HOWEVER, WAS IN ERROR AS THE FILLERS SHOULD HAVE BEEN PROCURED FROM THE PUBLIC PRINTER FOR THE REASON THAT THE ACT OF JUNE 28, 1902, 32 STAT. 481, AUTHORIZES THE PUBLIC PRINTER TO PROCURE AND SUPPLY EXECUTIVE DEPARTMENTS AND ESTABLISHMENTS COMPLETE MANIFOLD BLANKS, BOOKS, ETC., AND COMPLETE PATENTED DEVICES WITH WHICH TO FILE MONEY ORDER STATEMENTS OR OTHER UNIFORM PAPERS. THERE HAS BEEN NO SHOWING THAT THE THE GOVERNMENT PRINTING OFFICE WAS UNABLE TO FURNISH THE FILLERS IN QUESTION AND IN THE ABSENCE OF SUCH SHOWING THE FILLERS SHOULD HAVE BEEN PROCURED EXCLUSIVELY FROM THE PUBLIC PRINTER.'

AT THE TIME THIS PURCHASE WAS MADE BY THE DIVISION OF SUPPLY OF THIS DEPARTMENT ON A PROPOSAL FROM CHAS. G. STOTT AND COMPANY, THE GOVERNMENT PRINTING OFFICE DID NOT LIST FILLERS FOR RING BINDERS AS BEING AN ITEM TO BE SUPPLIED BY THAT OFFICE; THEY WERE, HOWEVER, LISTED IN THE GENERAL SCHEDULE OF SUPPLIES BUT THE PARTICULAR SIZE REQUIRED WAS NOT INCLUDED AND THE CONTRACTOR WOULD NOT FURNISH THEM. UNDER THESE CIRCUMSTANCES PROPOSALS WERE INVITED AND AWARD MADE TO CHAS. G. STOTT AND COMPANY.

IF, HOWEVER, IT IS NOW HELD BY YOUR OFFICE THAT THE PURCHASE OF FILLERS UNDER THE STOTT CONTRACT IS A VIOLATION OF THE ACT OF JUNE 28, 1902, IT IS ASSUMED THAT THIS DEPARTMENT WILL BE SO ADVISED AND NOTIFIED THAT THE CONTRACT WITH STOTT SHOULD BE CANCELLED, DISALLOWANCE IN QUESTION BEING REMOVED IN VIEW OF THE CONDITIONS UNDER WHICH THE FILLERS WERE FURNISHED.

YOUR LETTER WILL BE CONSIDERED AS A REQUEST FOR REVIEW OF SETTLEMENT K- 25892-T OF MAY 4, 1928, DISALLOWING CREDIT IN THE ACCOUNTS OF J. L. SUMMERS, DISBURSING CLERK, FOR $19.20, PAID TO CHARLES G. STOTT AND CO. (INC.), ON VOUCHER NO. 22162, AUGUST 10, 1927, FOR 10 BOXES OF FILLERS FOR RING BINDERS, 9 1/2 BY 6 INCHES, TWO-COLUMN JOURNAL RULING.

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

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.

FILLERS FOR RING BINDERS, CONSISTING OF RULED AND PUNCHED SHEETS WITHOUT OTHER PRINTING, DO NOT COME WITHIN THE DESCRIPTION OF ANY OF THE ARTICLES SPECIFIED IN THE ABOVE QUOTED ACT OF JUNE 28, 1902. WHILE THE ACT OF JUNE 7, 1924, 43 STAT. 592, AUTHORIZES THE PUBLIC PRINTER TO FURNISH GOVERNMENT SERVICES IN WASHINGTON WITH "PAPER AND ENVELOPES" SAID ACT IS FOR APPLICATION ONLY TO PAPER AND ENVELOPES LISTED BY THE PUBLIC PRINTER FROM TIME TO TIME AS AVAILABLE IN THAT OFFICE. 4 COMP. GEN. 352. AS THE FILLERS IN QUESTION ARE NOT IN BOOK FORM OR OTHERWISE BOUND, THEIR PURCHASE DOES NOT INVOLVE BLANK-BOOK WORK AND AS THEY ARE APPARENTLY CARRIED IN STOCK BY DEALERS FOR SALE TO THE PUBLIC GENERALLY AND REQUIRE NO PRINTING OPERATION, AFTER RECEIPT OF THE ORDER OR REQUISITION, TO SUIT THEM TO THE NEEDS OF THE PURCHASER, THEY DO NOT COME WITHIN THE TERM ,PRINTING" AS USED IN THE ACT OF MARCH 1, 1919, 40 STAT. 1270; 6 COMP. GEN. 772; A-21519, MARCH 31, 1928; A-22343, APRIL 17, 1928.

UPON REVIEW, $19.20 IS CERTIFIED FOR CREDIT IN THE ACCOUNTS OF THE DISBURSING OFFICER.