A-3917, JULY 23, 1924, 4 COMP. GEN. 96

A-3917: Jul 23, 1924

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FOR USE OF ENGRAVING AND PRINTING IN PRINTING LIQUOR PERMITS MAY BE ENTERED INTO BY THE DIRECTOR OF THE BUREAU ONLY UPON A CERTIFICATION BY THE PUBLIC PRINTER THAT THE PARTICULAR KIND OF PAPER IS NOT IN COMMON USE BY TWO OR MORE DEPARTMENTS. ARE REQUIRED BY THE ACT OF JUNE 7. 1924: I HAVE YOUR LETTER OF JULY 9. AS FOLLOWS: THE PUBLIC PRINTER IS HEREBY AUTHORIZED TO PROCURE. WHICH PAPER IS REQUIRED FOR PRINTING PERMITS FOR PURCHASING LIQUOR. BIDS WERE OPENED JUNE 23. THE PREFERRED BIDDER IS THE WHITAKER PAPER COMPANY. THE APPROPRIATION FROM WHICH IT IS PROPOSED TO PAY FOR THE PAPER IS NOT INDICATED. IT IS ASSUMED TO BE THE APPROPRIATION PROVIDED UNDER THE GENERAL HEADING "BUREAU OF ENGRAVING AND PRINTING.

A-3917, JULY 23, 1924, 4 COMP. GEN. 96

PAPER AND ENVELOPES - PURCHASE BY PUBLIC PRINTER FOR BUREAU OF ENGRAVING AND PRINTING CONTRACTS FOR THE PURCHASE OF PAPER ON OR AFTER JULY 1, 1924, FOR USE OF ENGRAVING AND PRINTING IN PRINTING LIQUOR PERMITS MAY BE ENTERED INTO BY THE DIRECTOR OF THE BUREAU ONLY UPON A CERTIFICATION BY THE PUBLIC PRINTER THAT THE PARTICULAR KIND OF PAPER IS NOT IN COMMON USE BY TWO OR MORE DEPARTMENTS, ESTABLISHMENTS, OR SERVICES OF THE GOVERNMENT IN THE DISTRICT OF COLUMBIA. ON AND AFTER JULY 1, 1924, ALL PAPER AND ENVELOPES, NOT INCLUDING ENVELOPES PRINTED IN THE COURSE OF MANUFACTURE, IN COMMON USE BY TWO OR MORE DEPARTMENTS, ESTABLISHMENTS, OR SERVICES OF THE GOVERNMENT IN THE DISTRICT OF COLUMBIA, ARE REQUIRED BY THE ACT OF JUNE 7, 1924, 43 STAT. 592, TO BE PROCURED FROM THE PUBLIC PRINTER, THE AUTHORIZATION GIVEN THE PUBLIC PRINTER BY SAID ACT BEING CONSIDERED DIRECTORY.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE TREASURY, JULY 23, 1924:

I HAVE YOUR LETTER OF JULY 9, 1924, REQUESTING DECISION OF THE QUESTION WHETHER THE DIRECTOR OF THE BUREAU OF ENGRAVING AND PRINTING MAY ENTER INTO CONTRACTS FOR THE PURCHASE OF CERTAIN CLASSES OF PAPER FOR USE IN PRINTING PERMITS FOR PURCHASING LIQUOR, OR WHETHER THE PAPER MUST BE PROCURED FROM THE GOVERNMENT PRINTING OFFICE, UNDER A PROVISION IN THE ACT OF JUNE 7, 1924, 43 STAT. 592, AS FOLLOWS:

THE PUBLIC PRINTER IS HEREBY AUTHORIZED TO PROCURE, UNDER DIRECTION OF THE JOINT COMMITTEE ON PRINTING AS PROVIDED FOR IN THE ACT APPROVED JANUARY 12, 1895, AND FURNISH ON REQUISITION PAPER AND ENVELOPES (NOT INCLUDING ENVELOPES PRINTED IN THE COURSE OF MANUFACTURE) IN COMMON USE BY TWO OR MORE DEPARTMENTS, ESTABLISHMENTS, OR SERVICES OF THE GOVERNMENT IN THE DISTRICT OF COLUMBIA, AND REIMBURSEMENT THEREFOR SHALL BE MADE TO THE PUBLIC PRINTER FROM APPROPRIATIONS OR FUNDS AVAILABLE FOR SUCH PURPOSE; PAPER AND ENVELOPES SO FURNISHED BY THE PUBLIC PRINTER SHALL NOT BE PROCURED IN ANY OTHER MANNER THEREAFTER.

THE DIRECTOR OF THE BUREAU OF ENGRAVING AND PRINTING STATES IN PART AS FOLLOWS:

THIS BUREAU INVITED BIDS JUNE 9 FOR 70,000 SHEETS SALMON, 35,000 SHEETS PINK, 100,000 SHEETS CANARY, 70,000 SHEETS LIGHT BLUE, AND 100,000 SHEETS LIGHT GREEN BOND PAPER, 22 INCHES BY 34 INCHES, SUBSTANCE NO. 9, OF SHADE, QUALITY, FORMATION, AND FINISH OF SAMPLES FURNISHED BY BUREAU, WHICH PAPER IS REQUIRED FOR PRINTING PERMITS FOR PURCHASING LIQUOR. BIDS WERE OPENED JUNE 23, AND THE PREFERRED BIDDER IS THE WHITAKER PAPER COMPANY, BALTIMORE, MARYLAND, AT $0.25375 PER POUND F.O.B. WASHINGTON, D.C.

THE APPROPRIATION FROM WHICH IT IS PROPOSED TO PAY FOR THE PAPER IS NOT INDICATED, BUT IT IS ASSUMED TO BE THE APPROPRIATION PROVIDED UNDER THE GENERAL HEADING "BUREAU OF ENGRAVING AND PRINTING," ACT OF APRIL 4, 1924, 43 STAT. 73, WHICH INCLUDES AN ITEM FOR PRINTING OF NOT TO EXCEED 2,031,250 DELIVERED SHEETS OF WITHDRAWAL PERMITS.

WHEN A LAW AUTHORIZES A PUBLIC OFFICER TO PERFORM A DUTY, SUCH AUTHORIZATION IS MOST GENERALLY CONSTRUED AS A DIRECTION. IN ADDITION, THE STATUTE CITED SPECIFICALLY PROVIDES THAT THE PAPER AND ENVELOPES SO FURNISHED BY THE PUBLIC PRINTER SHALL NOT BE PROCURED IN ANY OTHER MANNER. IT INTENDS THE PRIMARY PROCEDURE OF PROCUREMENT OF ALL PAPER "IN COMMON USE BY TWO OR MORE DEPARTMENTS, ESTABLISHMENTS, OR SERVICES OF THE GOVERNMENT IN THE DISTRICT OF COLUMBIA" TO BE THROUGH THE PUBLIC PRINTER.

IF THE PAPER REQUIRED BY THE BUREAU OF ENGRAVING AND PRINTING IS A PAPER IN COMMON USE BY TWO OR MORE DEPARTMENTS, ESTABLISHMENTS, OR SERVICES OF THE GOVERNMENT IN THE DISTRICT OF COLUMBIA, IT MAY BE PROCURED ONLY THROUGH THE PUBLIC PRINTER, AND SUCH PAPER IS AUTHORIZED TO BE PROCURED OTHER THAN THROUGH THE PUBLIC PRINTER ONLY UPON HIS CERTIFICATION UNDER DIRECTION OF THE JOINT COMMITTEE ON PRINTING THAT THE PARTICULAR KIND OF PAPER IS NOT IN COMMON USE BY TWO OR MORE OF COLUMBIA.