A-37773, SEPTEMBER 3, 1931, 11 COMP. GEN. 99

A-37773: Sep 3, 1931

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PERSONAL SERVICES - CATALOGUERS WHILE CATALOGUING IS GENERALLY A PERSONAL SERVICE FOR PERFORMANCE BY REGULAR EMPLOYEES OF THE GOVERNMENT AND NOT TO BE CONTRACTED FOR ON A LUMP -SUM BASIS. WHICH IS A UNIT OF THE NATIONAL GALLERY OF ART. IT IS ABSOLUTELY NECESSARY THAT THESE OBJECTS BE CORRECTLY CATALOGUED BY AN EXPERT. IS AN ACKNOWLEDGED AUTHORITY ON THE SUBJECT. THIS CATALOGUE IS TO BE PREPARED IN A SCIENTIFIC AND EXACT MANNER. EISEN IS THE BEST LIVING AUTHORITY ON THE SUBJECT. EISEN IS EIGHTY-FIVE YEARS OLD BUT IS STILL ACTIVE AND VIGOROUS AND THE INSTITUTION FEELS THAT IT CAN NOT AFFORD TO LOSE THE BENEFIT OF HIS GREAT EXPERT KNOWLEDGE OF THIS SUBJECT IN THE PREPARATION OF AN ADEQUATE.

A-37773, SEPTEMBER 3, 1931, 11 COMP. GEN. 99

PERSONAL SERVICES - CATALOGUERS WHILE CATALOGUING IS GENERALLY A PERSONAL SERVICE FOR PERFORMANCE BY REGULAR EMPLOYEES OF THE GOVERNMENT AND NOT TO BE CONTRACTED FOR ON A LUMP -SUM BASIS, A PARTICULAR JOB INVOLVING BOTH THE FURNISHING OF PHOTOGRAPHS AND MATERIAL AND THE SERVICES OF A PARTICULAR EXPERT CATALOGUER, NO PERSON IN THE GOVERNMENT SERVICE APPEARING TO BE QUALIFIED TO PERFORM THE WORK SATISFACTORILY, MAY BE CONTRACTED FOR ON A LUMP-SUM BASIS.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE SMITHSONIAN INSTITUTION, SEPTEMBER 3, 1931:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF JULY 23, 1931, AS FOLLOWS:

THE GELLATLY ART COLLECTION, WHICH IS A UNIT OF THE NATIONAL GALLERY OF ART, EMBRACES A LARGE AMOUNT OF ANCIENT GLASS, BEADS, BEAD NECKLACES, MIXED BEADS, ETC. IT IS ABSOLUTELY NECESSARY THAT THESE OBJECTS BE CORRECTLY CATALOGUED BY AN EXPERT. DR. GUSTAVUS A. EISEN, OF NEW YORK CITY, IS AN ACKNOWLEDGED AUTHORITY ON THE SUBJECT, AND THE NATIONAL GALLERY OF ART WISHES TO CONTRACT WITH DR. EISEN TO MAKE A COMPLETE SCIENTIFIC CATALOGUE OF THE ABOVE COLLECTION; THE CATALOGUE TO BE ESSENTIALLY AS FOLLOWS:

A COMPLETE TYPEWRITTEN CATALOGUE OF THE ANTIQUE GLASS (APPROXIMATELY 200 PIECES) CONTAINED IN THE GELLATLY COLLECTION. THIS CATALOGUE IS TO BE PREPARED IN A SCIENTIFIC AND EXACT MANNER, FOLLOWING THE GENERAL TREATMENT INDICATED IN DR. EISEN-'S MONOGRAPH,"GLASS, ITS ORIGIN, HISTORY, CHRONOLOGY, TECHNIC, AND CLASSIFICATION TO THE 16TH CENTURY," AND TO CONTAIN A PHOTOGRAPH ACCOMPANYING THE DESCRIPTION OF EACH OBJECT; THE SMALLER OBJECTS TO BE PHOTOGRAPHED IN NATURAL SIZE AND THE LARGER OBJECTS WITHIN THE LIMITS OF AN 8 BY 10 PLATE. EACH DESCRIPTION SHALL ALSO CONTAIN AN OUTLINE DRAWING IN LEAD PENCIL OR INK, IN NATURAL SIZE WHERE POSSIBLE, ON THE PAGE CONTAINING THE DESCRIPTION OF THE OBJECT. THE CATALOGUE SHALL BE ARRANGED IN CHRONOLOGICAL SEQUENCE AND ALSO ACCORDING TO TYPE; IF THE MATERIAL SUFFICES THE CHRONOLOGY TO BE ARRANGED IN PERIODS WITH INTRODUCTORY NOTES FOR EACH TYPE AND PERIOD, INCLUDING TECHNIC, IN THE SAME MANNER AS SHOWN IN THE ABOVE MENTIONED MONOGRAPH, EACH PHOTOGRAPH BEING FURNISHED WITH A CAPTION AND REFERENCE TO THE DESCRIPTION.

DR. EISEN HAS CATALOGUED THE IMPORTANT COLLECTION OF EGYPTIAN AND NEAR EASTERN GLASS OF THE FREER GALLERY OF ART AND MR. JOHN E. LODGE, CURATOR OF THIS GALLERY, HEARTILY INDORSES HIS WORK AND MAKES THE STATEMENT THAT IN HIS OPINION DR. EISEN IS THE BEST LIVING AUTHORITY ON THE SUBJECT. DR. EISEN IS EIGHTY-FIVE YEARS OLD BUT IS STILL ACTIVE AND VIGOROUS AND THE INSTITUTION FEELS THAT IT CAN NOT AFFORD TO LOSE THE BENEFIT OF HIS GREAT EXPERT KNOWLEDGE OF THIS SUBJECT IN THE PREPARATION OF AN ADEQUATE, ILLUSTRATED, AND DESCRIPTIVE RECORD OF THE OBJECTS FORMING ONE OF THE MOST IMPORTANT SECTIONS OF THE GELLATLY ART COLLECTION.

YOUR AUTHORITY IS RESPECTFULLY REQUESTED FOR THE INSTITUTION TO ENTER INTO THE ABOVE CONTRACT WITH DR. EISEN. IT IS ANTICIPATED THAT THE COST WILL BE APPROXIMATELY $2,500.

YOUR SUPPLEMENTAL LETTER OF AUGUST 10, 1931, ADVISED AS FOLLOWS:

IN RESPONSE TO YOUR LETTER OF AUGUST 4, FILE A-37773, I BEG LEAVE TO SAY THAT THE APPROPRIATION FROM WHICH DR. GUSTAVUS A. EISEN WOULD BE PAID FOR MAKING THE PROPOSED CATALOGUE OF THE ANCIENT GLASS, ETC., IN THE GELLATLY ART COLLECTION, IS "GELLATLY ART COLLECTION, SMITHSONIAN INSTITUTION, 1932.' THE SERVICE WILL BE PERFORMED IN NEW YORK CITY, AND THE TIME FOR THE DELIVERY OF THE CATALOGUE APPROXIMATELY SIX MONTHS FROM THE DATE OF ORDER. PAYMENT WOULD BE FOR THE WHOLE AMOUNT OF THE CONTRACT OF THE DELIVERY OF THE COMPLETED CATALOGUE.

THE APPROPRIATION INVOLVED, AS MADE IN THE ACT OF FEBRUARY 23, 1931, 46 STAT. 1370, UNDER THE HEADING "NATIONAL GALLERY OF ART," IS AS FOLLOWS:

FOR ADMINISTRATION, MAINTENANCE, AND EXHIBITION IN NEW YORK CITY OF THE GELLALTY ART COLLECTION, INCLUDING RENTAL, SERVICES, TRAVEL, AND ALL OTHER NECESSARY INCIDENTAL EXPENSES, $20,000.

AS THE SERVICES DESIRED ARE NOT TO BE PERFORMED AT THE SEAT OF GOVERNMENT, THE ACT OF AUGUST 5, 1882, 22 STAT. 255, IS NOT APPLICABLE THERETO.

CATALOGUING IS GENERALLY A PERSONAL SERVICE FOR PERFORMANCE BY REGULAR EMPLOYEES OF THE GOVERNMENT AND NOT TO BE CONTRACTED FOR ON A LUMP SUM BASIS. SEE 3 COMP. GEN. 307; 4 ID. 781; 6 ID. 140, 146, 324, 820. HOWEVER, AS THIS PARTICULAR JOB INVOLVES THE FURNISHING OF PHOTOGRAPHS, ETC., IN ADDITION TO PERSONAL SERVICES, AND REQUIRES THE SERVICES OF A PARTICULAR EXPERT CATALOGUER, NO PERSON NOW IN THE GOVERNMENT SERVICE APPEARING TO BE QUALIFIED TO PERFORM THE WORK SATISFACTORILY, THERE WOULD APPEAR TO BE NO LEGAL OBJECTION TO THE MAKING OF A CONTRACT WITH DR. GUSTAVUS A. EISEN, WITHOUT COMPETITION, FOR PRODUCING THE CATALOGUE, UNDER THE CIRCUMSTANCES AND CONDITIONS SET FORTH IN YOUR TWO LETTERS SUPRA.

SEE DECISIONS OF MARCH 15, 1928, A-22038, AND MARCH 9, 1929, A 26256.