A-38088, OCTOBER 16, 1931, 11 COMP. GEN. 136

A-38088: Oct 16, 1931

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IT IS MANDATORY THAT ALL PRINTING FOR EVERY EXECUTIVE DEPARTMENT OR OTHER GOVERNMENT ESTABLISHMENT BE DONE AT THE GOVERNMENT PRINTING OFFICE. 000 TAGS ARE NEEDED. THAT THE PRINTING IS TO BE PERFORMED MERELY AS AN INCIDENTAL STEP IN THE COURSE OF MANUFACTURE. HAVE THEM PACKED. YOU STATE FURTHER THAT TAGS WERE INCLUDED IN SCHEDULE NO. 3. EXCEPT SUCH CLASSES OF WORK AS SHALL BE DEEMED BY THE JOINT COMMITTEE ON PRINTING TO BE URGENT OR NECESSARY TO HAVE DONE ELSEWHERE THAN IN THE DISTRICT OF COLUMBIA FOR THE EXCLUSIVE USE OF ANY FIELD SERVICE OUTSIDE OF SAID DISTRICT. AS THE PUBLIC PRINTER IS NOT ABLE OR EQUIPPED TO DO AT THE GOVERNMENT PRINTING OFFICE. HAS STATED: THIS OFFICE WAS PREPARED EITHER TO DO THE PRINTING IN THIS OFFICE OR TO PROCURE THE SAME ON CONTRACT AS PROVIDED IN THE ACT OF FEBRUARY 28.

A-38088, OCTOBER 16, 1931, 11 COMP. GEN. 136

PRINTING AND BINDING - PRINTED TAGS UNDER THE ACT OF MARCH 1, 1919, 40 STAT. 1270, IT IS MANDATORY THAT ALL PRINTING FOR EVERY EXECUTIVE DEPARTMENT OR OTHER GOVERNMENT ESTABLISHMENT BE DONE AT THE GOVERNMENT PRINTING OFFICE, EXCEPT SUCH PRINTING AS THE JOINT COMMITTEE ON PRINTING MAY AUTHORIZE TO BE PROCURED IN THE FIELD, FOR THE EXCLUSIVE USE OF A FIELD SERVICE. BY NECESSARY IMPLICATION SAID ACT PROHIBITS THE PROCUREMENT ELSEWHERE OF ANY PRINTING FOR THESE DEPARTMENTS OR ESTABLISHMENTS INCLUDING PRINTED TAGS FOR THE POSTAL SERVICE.

COMPTROLLER GENERAL MCCARL TO THE POSTMASTER GENERAL, OCTOBER 16, 1931:

THERE HAS BEEN RECEIVED YOUR LETTER OF SEPTEMBER 11, 1931, IN REPLY TO OFFICE LETTER DATED SEPTEMBER 3, 1931, WITH REFERENCE TO CONTRACT DATED AUGUST 3, 1931, ENTERED INTO BY THE POST OFFICE DEPARTMENT WITH THE R. P. ANDREWS PAPER CO. FOR FURNISHING, UNDER SCHEDULE NO. 3, VARIOUS PRINTED TAGS TO THE POSTAL SERVICE FOR THE FISCAL YEAR BEGINNING JULY 1, 1931, AND ENDING JUNE 30, 1932.

AS TO THE AUTHORITY FOR PURCHASING THESE TAGS FROM A PRIVATE CONTRACTOR, RATHER THAN PROCURING THEM FROM THE GOVERNMENT PRINTING OFFICE AS PROVIDED BY THE ACT OF MARCH 1, 1919, 40 STAT. 1270, YOU STATE THAT APPROXIMATELY 54,000,000 TAGS ARE NEEDED; THAT THEY MUST BE FURNISHED PROMPTLY TO THE POSTMASTERS FOR THE PROPER CONDUCT OF THE POSTAL SERVICE, INCLUDING DISPATCH OF FOREIGN MAILS; THAT THE PRINTING IS TO BE PERFORMED MERELY AS AN INCIDENTAL STEP IN THE COURSE OF MANUFACTURE, AND THAT TO PURCHASE PLAIN TAGS, HAVE THEM PACKED, SHIPPED TO THE GOVERNMENT PRINTING OFFICE, PRINTED, REPACKED, AND DISTRIBUTED TO THE FIELD FROM WASHINGTON WOULD MAKE THE PRICE PROHIBITIVE. YOU STATE FURTHER THAT TAGS WERE INCLUDED IN SCHEDULE NO. 3, WHICH SCHEDULE SPECIFIES PAPER FOR USE IN FIELD SERVICE, AND THAT THERE APPEARS TO BE NOTHING IN THE ACT OF JUNE 7, 1924, 43 STAT. 592, TO PROHIBIT THE PURCHASE COMMERCIALLY OF PAPER FOR THE FIELD SERVICE.

THE ACT OF MARCH 1, 1919, 40 STAT. 1270, PROVIDES:

* * * PROVIDED FURTHER, THAT ON AND AFTER JULY 1, 1919, ALL PRINTING, BINDING, AND BLANK-BOOK WORK FOR CONGRESS, THE EXECUTIVE OFFICE, THE JUDICIARY AND EVERY EXECUTIVE DEPARTMENT, INDEPENDENT OFFICE, AND ESTABLISHMENT OF THE GOVERNMENT, SHALL BE DONE AT THE GOVERNMENT PRINTING OFFICE, EXCEPT SUCH CLASSES OF WORK AS SHALL BE DEEMED BY THE JOINT COMMITTEE ON PRINTING TO BE URGENT OR NECESSARY TO HAVE DONE ELSEWHERE THAN IN THE DISTRICT OF COLUMBIA FOR THE EXCLUSIVE USE OF ANY FIELD SERVICE OUTSIDE OF SAID DISTRICT.

THE ACT OF FEBRUARY 28, 1929, 45 STAT. 1400, PROVIDES:

* * * PROVIDED FURTHER, 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.

WITH REFERENCE TO THE NEEDS OF THE POSTAL SERVICE, AND THE URGENCY THEREOF, THE PUBLIC PRINTER, REFERRING TO THE PRINTED MATTER UNDER THIS CONTRACT, HAS STATED:

THIS OFFICE WAS PREPARED EITHER TO DO THE PRINTING IN THIS OFFICE OR TO PROCURE THE SAME ON CONTRACT AS PROVIDED IN THE ACT OF FEBRUARY 28, 1929, SECTION 111A, SUPPLEMENT IV, TITLE 44, U.S. CODE, * * *.

UNDER THE ACT OF MARCH 1, 1919, SUPRA, IT IS MANDATORY THAT ALL PRINTING FOR EVERY EXECUTIVE DEPARTMENT BE DONE AT THE GOVERNMENT PRINTING OFFICE, EXCEPT SUCH AS THE JOINT COMMITTEE ON PRINTING MAY AUTHORIZE TO BE PROCURED IN THE FIELD, THUS BY NECESSARY IMPLICATION SAID ACT PROHIBITS THE PROCUREMENT ELSEWHERE OF ANY PRINTING FOR THESE DEPARTMENTS. SEE 8 COMP. GEN. 555 AND 9 ID. 493.

THE ACT OF JUNE 7, 1924, 43 STAT. 592, CITED BY YOU, REFERS TO THE PROCUREMENT OF PAPER AND ENVELOPES (NOT INCLUDING ENVELOPES PRINTED IN THE COURSE OF MANUFACTURE), WHEREAS THE ACT OF MARCH 1, 1919, 40 STAT. 1270, COVERS ALL PRINTING OF EVERY EXECUTIVE DEPARTMENT AND INDEPENDENT OFFICE AND ESTABLISHMENT OF THE GOVERNMENT NOT SPECIFICALLY EXCEPTED THEREFROM, AND MAKES IT MANDATORY THAT ALL SUCH PRINTING BE DONE AT THE GOVERNMENT PRINTING OFFICE.

SINCE THERE APPEARS TO HAVE BEEN NO AUTHORITY OF LAW FOR ENTERING INTO THE CONTRACT HERE IN QUESTION WITH RESPECT TO THE PRINTED TAGS TO BE FURNISHED THEREUNDER, PAYMENT FOR THE PRINTED TAGS ORDERED UNDER THIS CONTRACT AFTER DECEMBER 1, 1931, WILL NOT BE AUTHORIZED AND CREDIT FOR ANY SUCH PAYMENT WILL NOT BE ALLOWED.