A-36844, JUNE 2, 1931, 10 COMP. GEN. 536

A-36844: Jun 2, 1931

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IS APPLICABLE TO PURCHASES FOR RESALE IN NAVAL COMMISSARIES. OR MANUFACTURED OUTSIDE THE UNITED STATES IF THERE ARE NO ARTICLES OR SUPPLIES OF THAT KIND. THERE WAS FORWARDED. UNLESS IN HIS DISCRETION THE INTEREST OF THE GOVERNMENT WILL NOT PERMIT. IT IS REQUESTED THAT A DECISION BE OBTAINED FROM THE COMPTROLLER GENERAL OF THE UNITED STATES AS TO WHETHER THIS PROVISION OF THE LAW HAS APPLICATION TO ARTICLES PURCHASED FOR SALE THROUGH THE COMMISSARY STORES. 3. IS TO PROVIDE A CONVENIENT MEANS FOR THE PROCUREMENT OF NECESSARIES (CHIEFLY PROVISIONS) FOR MEMBERS OF THE NAVAL SERVICE AT THE LOWEST POSSIBLE PRICES. 4. THE ARTICLES PURCHASED ARE GOVERNED BY THE DEMANDS OF THE PATRONS OF THE COMMISSARY STORES.

A-36844, JUNE 2, 1931, 10 COMP. GEN. 536

NAVAL COMMISSARIES - PURCHASE OF AMERICAN-PRODUCED SUPPLIES THE PROVISION IN THE ANNUAL APPROPRIATION ACT FOR THE NAVY DEPARTMENT, ACT FEBRUARY 28, 1931, 46 STAT. 1450, REQUIRING THE SECRETARY OF THE NAVY TO PURCHASE OR CONTRACT FOR ONLY ARTICLES GROWN, PRODUCED OR MANUFACTURED IN THE UNITED STATES, IS APPLICABLE TO PURCHASES FOR RESALE IN NAVAL COMMISSARIES, BUT DOES NOT PROHIBIT THE PURCHASE OF ARTICLES OR SUPPLIES GROWN, PRODUCED, OR MANUFACTURED OUTSIDE THE UNITED STATES IF THERE ARE NO ARTICLES OR SUPPLIES OF THAT KIND, OR OF A SUITABLE QUALITY, GROWN, PRODUCED, OR MANUFACTURED IN THE UNITED STATES.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, JUNE 2, 1931:

BY YOUR INDORSEMENT OF MAY 25, 1931, THERE WAS FORWARDED, WITH REQUEST FOR DECISION UPON THE QUESTION SO PRESENTED, THE FOLLOWING LETTER FROM THE BUREAU OF SUPPLIES AND ACCOUNTS OF THE NAVY DEPARTMENT:

1. THE ACT MAKING APPROPRIATIONS FOR THE NAVY DEPARTMENT AND THE NAVAL SERVICE FOR THE FISCAL YEAR ENDING JUNE 30, 1932, AND OTHER PURPOSES, APPROVED 28 FEBRUARY, 1931 (PUBLIC 745--- 71ST CONGRESS), CONTAINS THE FOLLOWING PROVISION:

"THAT IN THE EXPENDITURE OF APPROPRIATIONS IN THIS ACT THE SECRETARY OF THE NAVY, SHALL, UNLESS IN HIS DISCRETION THE INTEREST OF THE GOVERNMENT WILL NOT PERMIT, PURCHASE OR CONTRACT FOR, WITHIN THE LIMITS OF THE UNITED STATES, ONLY ARTICLES OF THE GROWTH, PRODUCTION, OR MANUFACTURE OF THE UNITED STATES, NOTWITHSTANDING THAT SUCH ARTICLES OF THE GROWTH, PRODUCTION, OR MANUFACTURE OF THE UNITED STATES MAY COST MORE, IF SUCH EXCESS OF COST BE NOT UNREASONABLE.'

2. IT IS REQUESTED THAT A DECISION BE OBTAINED FROM THE COMPTROLLER GENERAL OF THE UNITED STATES AS TO WHETHER THIS PROVISION OF THE LAW HAS APPLICATION TO ARTICLES PURCHASED FOR SALE THROUGH THE COMMISSARY STORES.

3. THE PRIMARY MISSION OF COMMISSARY STORES AUTHORIZED BY THE ACT OF MARCH 3, 1909, (35 STAT. 768), IS TO PROVIDE A CONVENIENT MEANS FOR THE PROCUREMENT OF NECESSARIES (CHIEFLY PROVISIONS) FOR MEMBERS OF THE NAVAL SERVICE AT THE LOWEST POSSIBLE PRICES.

4. THE ARTICLES PURCHASED ARE GOVERNED BY THE DEMANDS OF THE PATRONS OF THE COMMISSARY STORES. THE DEMANDS OF THE PATRONS INCLUDE MANY IMPORTED ARTICLES, SUCH AS OLIVES, TEAS, SARDINES, COFFEE, AND SPICES.

5. ALL ARTICLES PROCURED FOR SALE IN THE COMMISSARY STORES ARE PURCHASED UNDER THE NAVAL SUPPLY ACCOUNT AND PAYMENTS MADE ON PUBLIC VOUCHERS DRAWN UNDER THE NAVAL SUPPLY ACCOUNT FUND. THESE ARTICLES SOLD TO THE MEMBERS OF THE NAVAL SERVICE ARE PAID FOR WITH PRIVATE FUNDS WITH FULL CREDIT TO THE NAVAL SUPPLY ACCOUNT FUND.

AS THE ACT OF FEBRUARY 28, 1931, 46 STAT. 1450, IS BY ITS TERMS APPLICABLE TO ALL EXPENDITURES OF APPROPRIATIONS IN THAT ACT AND IT IS ACKNOWLEDGED THAT COMMISSARY SUPPLIES ARE PURCHASED FROM SUCH APPROPRIATIONS, IT MUST BE CONCLUDED THAT THE ACT IS APPLICABLE TO PURCHASE OF SUPPLIES FOR NAVAL COMMISSARIES. SAID ACT DOES NOT, HOWEVER, PROHIBIT THE PURCHASE OF ARTICLES OR SUPPLIES GROWN, PRODUCED, OR MANUFACTURED OUTSIDE OF THE UNITED STATES IF THERE ARE NO ARTICLES OR SUPPLIES OF THAT KIND OR OF A SUITABLE QUALITY GROWN, PRODUCED, OR MANUFACTURED IN THE UNITED STATES. SEE 10 COMP. GEN. 484.