A-31948, JUNE 26, 1930, 9 COMP. GEN. 523

A-31948: Jun 26, 1930

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THAT ALL ORDERS OR CONTRACTS FOR THE MANUFACTURE OF MATERIAL PLACED WITH GOVERNMENT OWNED ESTABLISHMENTS SHALL BE CONSIDERED AS OBLIGATIONS IN THE SAME MANNER AS PROVIDED FOR SIMILAR ORDERS PLACED WITH COMMERCIAL MANUFACTURERS AND PAID UNDER APPROPRIATIONS AVAILABLE WHEN THE ORDER IS PLACED. 1930: REFERENCE IS MADE TO YOUR LETTER OF MAY 12. AMOUNT $7.65 HAVE BEEN PRESENTED TO ME IN MY CAPACITY AS A DISBURSING OFFICER FOR SETTLEMENT. 2. IT WILL BE NOTED THAT THE SUPPLIES PURCHASED WERE FOR REPAIRS TO BUILDINGS AT AUGUSTA ARSENAL. THERE IS DOUBT AS TO WHETHER THIS PROCUREMENT IS AN OBLIGATION OF THE CLASS OF PROJECTS CONTEMPLATED BY THE ACT OF JUNE 5. - THAT IS. THAT IS. THERE WAS IN THIS CASE NO ORDER OR CONTRACT FOR THE MANUFACTURE OF MATERIAL PLACED WITH A GOVERNMENT-OWNED ESTABLISHMENT BUT MERELY AN AUTHORIZATION OR AN APPROVAL BY SUPERIOR AUTHORITY IN THE ORDNANCE DEPARTMENT TO BE ACTED UPON BY OFFICERS IN THE SAME DEPARTMENT.

A-31948, JUNE 26, 1930, 9 COMP. GEN. 523

PURCHASES - PRIOR YEAR APPROPRIATIONS THE PROVISIONS OF THE ACT OF JUNE 5, 1920, 41 STAT. 975, THAT ALL ORDERS OR CONTRACTS FOR THE MANUFACTURE OF MATERIAL PLACED WITH GOVERNMENT OWNED ESTABLISHMENTS SHALL BE CONSIDERED AS OBLIGATIONS IN THE SAME MANNER AS PROVIDED FOR SIMILAR ORDERS PLACED WITH COMMERCIAL MANUFACTURERS AND PAID UNDER APPROPRIATIONS AVAILABLE WHEN THE ORDER IS PLACED, DO NOT AUTHORIZE CHARGING PRIOR YEAR APPROPRIATIONS FOR PAINT AND LUMBER PURCHASED IN THE FISCAL YEAR 1930 FOR DOING REPAIR WORK ON ARSENAL BUILDINGS ADMINISTRATIVELY AUTHORIZED IN THE FISCAL YEAR 1929.

COMPTROLLER GENERAL MCCARL TO CAPT. H. M. DENNING, UNITED STATES ARMY, JUNE 26, 1930:

REFERENCE IS MADE TO YOUR LETTER OF MAY 12, 1930, AS FOLLOWS:

1. THE INCLOSED APPROVED VOUCHERS IN FAVOR OF WHALEY BROS., AUGUSTA, GA., AMOUNT $80.70, AND AUGUSTA LUMBER CO., AUGUSTA, GA., AMOUNT $7.65 HAVE BEEN PRESENTED TO ME IN MY CAPACITY AS A DISBURSING OFFICER FOR SETTLEMENT.

2. IT WILL BE NOTED THAT THE SUPPLIES PURCHASED WERE FOR REPAIRS TO BUILDINGS AT AUGUSTA ARSENAL, GA., UNDER AUTHORITY OF CHIEF OF ORDNANCE PROJECTS NOS. 3B AND 3C, DATED JUNE 7, 1929. PROCUREMENT INITIATED ON JANUARY 7, 1930, AND FEBRUARY 19, 1930, RESPECTIVELY.

3. THERE IS DOUBT AS TO WHETHER THIS PROCUREMENT IS AN OBLIGATION OF THE CLASS OF PROJECTS CONTEMPLATED BY THE ACT OF JUNE 5, 1920, AND WHETHER SETTLEMENT MAY BE MADE IN PART FROM REPAIRS TO ARSENALS, 1929, THE PURCHASE HAVING BEEN MADE IN FISCAL YEAR 1930.

IT APPEARS THAT ON JUNE 7, 1929--- THAT IS, PRIOR TO THE EXPIRATION OF THE FISCAL YEAR 1929--- THE ORDNANCE DEPARTMENT AUTHORIZED THE REPAIR AND PAINTING OF CERTAIN AUGUSTA ARSENAL BUILDINGS AT AUGUSTA, GA., BUT THAT THE MATERIALS HERE IN QUESTION--- LUMBER AND PAINT--- FOR THE WORK NOT ORDERED BY THE COMMANDING OFFICER, AUGUSTA ARSENAL, UNTIL JANUARY AND FEBRUARY, 1930; THAT IS, DURING THE FISCAL YEAR 1930. THE PROPOSAL TO PAY FOR SUCH SUPPLIES, PURCHASED IN 1930, UNDER THE 1929 APPROPRIATION, CONTRARY TO THE PROVISIONS OF SEC. 3690, REVISED STATUTES, APPEARS TO BE BASED ON THE FOLLOWING PROVISIONS OF THE ACT OF JUNE 5, 1920, 41 STAT. 975:

THAT ALL ORDERS OR CONTRACTS FOR THE MANUFACTURE OF MATERIAL PERTAINING TO APPROVED PROJECTS HERETOFORE OR HEREAFTER PLACED WITH GOVERNMENT-OWNED ESTABLISHMENTS SHALL BE CONSIDERED AS OBLIGATIONS IN THE SAME MANNER AS PROVIDED FOR SIMILAR ORDERS PLACED WITH COMMERCIAL MANUFACTURERS, AND THE APPROPRIATIONS SHALL REMAIN AVAILABLE FOR THE PAYMENT OF THE OBLIGATIONS SO CREATED AS IN THE CASE OF CONTRACTS OR ORDERS WITH COMMERCIAL MANUFACTURERS.

THERE WAS IN THIS CASE NO ORDER OR CONTRACT FOR THE MANUFACTURE OF MATERIAL PLACED WITH A GOVERNMENT-OWNED ESTABLISHMENT BUT MERELY AN AUTHORIZATION OR AN APPROVAL BY SUPERIOR AUTHORITY IN THE ORDNANCE DEPARTMENT TO BE ACTED UPON BY OFFICERS IN THE SAME DEPARTMENT, TO REPAIR AND PAINT CERTAIN BUILDINGS UNDER THE CONTROL OF THAT DEPARTMENT. HENCE, THE CITED ACT OF JUNE 5, 1920, SUPRA, OBVIOUSLY HAS NO APPLICATION. SEEMS TO BE CONTENDED THAT THE MEANING OF THE TERM ,MANUFACTURE OF MATERIAL" MAY BE EXTENDED TO COVER THE WORK HERE IN QUESTION IN VIEW OF A STATEMENT IN DECISIONS OF JUNE 12, 1920, 26 COMP. DEC. 1022, CONSTRUING A SIMILAR PROVISION IN THE ACT OF MAY 21, 1920, 41 STAT. 613, RELATIVE TO THE OBLIGATING OF APPROPRIATIONS BY ORDERS OR CONTRACTS FOR MANUFACTURE OF MATERIAL PLACED WITH ARSENALS OR OTHER ORDNANCE ESTABLISHMENTS, WHEREIN IT WAS SAID THAT NO REASON WAS SEEN "FOR DISTINCTION IN THE KIND OF WORK DONE.' HOWEVER, IT WILL BE OBSERVED FROM AN EXAMINATION OF THAT DECISION THAT SUCH STATEMENT WAS IN ANSWER TO AN INQUIRY AS TO WHETHER ORDERS OR CONTRACTS FOR THE MANUFACTURE OF MATERIAL INCLUDED WORK NECESSARY IN THE MAINTENANCE OF ORDNANCE MATERIAL BEING HELD IN WAR RESERVE, THE EXAMPLE CITED BEING THE PAINTING OF ARTILLERY AMMUNITION HELD IN RESERVE, AND THE STATEMENT BEING MADE THAT THE STATUTE SHOULD NOT BE INTERPRETED STRICTLY AS APPLYING ONLY TO ORDERS FOR THE MANUFACTURE OF NEW MATERIAL. IRRESPECTIVE OF THE MERITS OF THE QUESTION OF WHETHER AN ORDER FOR PAINTING RESERVE AMMUNITIONS IS AN ORDER FOR THE MANUFACTURE OF MATERIAL, IT IS CLEAR THAT AN AUTHORIZATION TO PAINT AND REPAIR ARSENAL BUILDINGS IS NOT AN ORDER FOR THE MANUFACTURE OF MATERIAL WITHIN THE MEANING OF THE ACT OF JUNE 5, 1920, SUPRA. SEE DECISION OF FEBRUARY 27, 1930, A-30501, HOLDING THAT AN ORDNANCE DEPARTMENT AUTHORIZATION DATED JUNE 5, 1929, TO PURCHASE A TIME CLOCK AND TWO RACKS DID NOT OBLIGATE THE 1929 APPROPRIATION AS AN ORDER FOR THE MANUFACTURE OF MATERIAL CONTEMPLATED BY THE SAID ACT OF JUNE 5, 1920, WHERE THE SUPPLIES WERE NOT ACTUALLY ORDERED UNTIL AFTER THE END OF THE FISCAL YEAR 1929.

YOU ARE ADVISED THAT PAYMENT ON THE VOUCHERS UNDER THE PROPOSED 1929 APPROPRIATION IS NOT AUTHORIZED. IF OTHERWISE CORRECT, PAYMENT ON THE VOUCHERS, WHICH ARE RETURNED HEREWITH, MAY BE MADE UNDER THE APPLICABLE 1930 APPROPRIATION.