A-39574, DECEMBER 12, 1931, 11 COMP. GEN. 232

A-39574: Dec 12, 1931

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" THE PURCHASE OF A BOAT TO BE CONSTRUCTED ACCORDING TO ADMINISTRATIVE PLANS AND DESIGNS IS AUTHORIZED. 1931: I HAVE YOUR LETTER OF NOVEMBER 17. THIS BOAT RECENTLY WAS DESTROYED BY FIRE AND CONGRESS HAS PROVIDED FOR THE . COPY OF WHICH IS INCLOSED. TO WHICH REFERENCE IS MADE. WAS PREPARED. WITH THIS WERE COMPARED VARIOUS TYPES OF STANDARD STOCK BOATS CONSTRUCTED BY COMMERCIAL BOAT BUILDERS. ABOUT THE ONLY ADVANTAGES OF THE COMMERCIAL TYPES OF BOATS ARE THE ABILITY TO MEET THE HIGHEST OF THE SPEEDS REQUESTED BY THE AMBASSADOR. IT IS BELIEVED THAT THE NAVY DESIGNED AND BUILT BOAT WOULD BE SUPERIOR. SINCE THE BOAT WOULD BE STURDIER AND WOULD BE DESIGNED TO HAVE ARRANGEMENTS EXACTLY AS REQUESTED AND SHOULD BE FINISHED WITH A VERY GOOD APPEARANCE.

A-39574, DECEMBER 12, 1931, 11 COMP. GEN. 232

DEPARTMENTS AND ESTABLISHMENTS - SERVICES BETWEEN - CONSTRUCTION OF A LAUNCH UNDER THE APPROPRIATION ACT OF FEBRUARY 23, 1931, 46 STAT. 1311, FOR CONTINGENT EXPENSES, FOREIGN MISSIONS, AUTHORIZING THE "PURCHASE OF LAUNCH FOR EMBASSY AT CONSTANTINOPLE NOT EXCEEDING $15,000," THE PURCHASE OF A BOAT TO BE CONSTRUCTED ACCORDING TO ADMINISTRATIVE PLANS AND DESIGNS IS AUTHORIZED, BUT SUCH PURCHASE MUST BE MADE THROUGH COMPETITIVE BIDDING IN COMPLIANCE WITH THE PROVISIONS OF SECTION 3709, REVISED STATUTES.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF STATE, DECEMBER 12, 1931:

I HAVE YOUR LETTER OF NOVEMBER 17, 1931 (REFERENCE FA), AS FOLLOWS:

THE DEPARTMENT HAS FOR A NUMBER OF YEARS HAD A LAUNCH IN CONSTANTINOPLE FOR THE USE OF THE AMERICAN EMBASSY. THIS BOAT RECENTLY WAS DESTROYED BY FIRE AND CONGRESS HAS PROVIDED FOR THE ,PURCHASE OF LAUNCH FOR EMBASSY AT CONSTANTINOPLE (ISTANBUL), NOT EXCEEDING $15,000.'

THE NAVY DEPARTMENT HAS BEEN CONSULTED IN THIS MATTER AND AFTER GIVING CONSIDERATION TO THE SIZE OF BOAT REQUIRED, THE CONDITIONS OF THE CURRENT AND WATERS OF THE BOSPHORUS AND OTHER PERTINENT FACTORS HAS STATED THAT THE KIND OF LAUNCH NEEDED CAN BE CONSTRUCTED, WITH SPECIAL VIEW TO THE NEEDS IN TURKEY, IN ONE OF THE NAVY YARDS FOR THE AMOUNT AVAILABLE.

IN VIEW OF THE FACT THAT THIS CAN BE DONE BY ANOTHER DEPARTMENT OF THE GOVERNMENT, I WOULD BE GLAD TO RECEIVE YOUR VIEWS AS TO WHETHER THIS ORDER MAY BE PLACED WITH THE NAVY DEPARTMENT ON THE BASIS OF THEIR LETTER, COPY OF WHICH IS INCLOSED, WITHOUT THE NECESSARY OF ADVERTISING FOR BIDS IN THE OPEN MARKET.

THE LETTER FROM THE BUREAU OF CONSTRUCTION AND REPAIR, NAVY DEPARTMENT, DATED NOVEMBER 5, 1931, TO WHICH REFERENCE IS MADE, READS:

AFTER RECEIPT OF YOUR LETTER, REFERENCE (A) ABOVE, THIS BUREAU UNDERTOOK AN INVESTIGATION OF THE QUESTION OF THE BEST METHOD OF OBTAINING A BOAT ABOUT AS DESCRIBED FOR THE USE OF THE AMERICAN AMBASSADOR IN TURKEY.

AN APPROXIMATE DESIGN FOR SUCH A BOAT, BASED UPON THE HULL OF A STANDARD NAVY 50-FOOT MOTOR BOAT, WAS PREPARED, AND WITH THIS WERE COMPARED VARIOUS TYPES OF STANDARD STOCK BOATS CONSTRUCTED BY COMMERCIAL BOAT BUILDERS. FAR AS CAN BE SEEN FROM THIS STUDY, ABOUT THE ONLY ADVANTAGES OF THE COMMERCIAL TYPES OF BOATS ARE THE ABILITY TO MEET THE HIGHEST OF THE SPEEDS REQUESTED BY THE AMBASSADOR. IN ALL OTHER RESPECTS, IT IS BELIEVED THAT THE NAVY DESIGNED AND BUILT BOAT WOULD BE SUPERIOR, SINCE THE BOAT WOULD BE STURDIER AND WOULD BE DESIGNED TO HAVE ARRANGEMENTS EXACTLY AS REQUESTED AND SHOULD BE FINISHED WITH A VERY GOOD APPEARANCE. HOWEVER, FOR THE MONEY AVAILABLE, IT WOULD NOT BE POSSIBLE FOR THE NAVY DEPARTMENT TO DESIGN AND BUILD A BOAT HAVING A SPEED OF MORE THAN ABOUT 15 KNOTS.

THERE ARE INCLOSED HEREWITH TWO BLUE PRINTS OF A SMALL SCALE SKETCH OF THE PROPOSED BOAT. THIS BOAT COULD BE CONSTRUCTED IN ONE OF THE NAVY YARDS FOR THE $15,000 AVAILABLE AND THE DEPARTMENT WOULD BE GLAD TO UNDERTAKE THIS WORK SHOULD THE STATE DEPARTMENT DESIRE IT. IN CASE THE WORK IS DONE, A MORE COMPLETE PLAN WILL BE MADE AND COPIES OF THIS FURNISHED THE STATE DEPARTMENT, AS IT IS BELIEVED THAT IT MAY BE OF INTEREST TO FORWARD THEM TO THE AMERICAN AMBASSADOR IN TURKEY.

IN CASE IT IS DESIRED THAT THE NAVY DEPARTMENT UNDERTAKE THIS WORK, THE WORK SHOULD BE REQUESTED OF THE NAVY DEPARTMENT IN THE REGULAR MANNER. IS REQUESTED THAT, IF POSSIBLE, DECISION BE ARRIVED AT IN THE NEAR FUTURE AS BOAT WORK IS VERY SHORT AT THE NAVY YARD, NORFOLK, WHERE THIS WORK WOULD BE UNDERTAKEN.

THE APPROPRIATION OF FEBRUARY 23, 1931, 46 STAT. 1311, FOR CONTINGENT EXPENSES, FOREIGN MISSIONS, CONTAINS AN ITEM FOR THE "PURCHASE OF LAUNCH FOR EMBASSY AT CONSTANTINOPLE NOT EXCEEDING $15,000.' THE AUTHORITY OF THE APPROPRIATION IS TO "PURCHASE" A LAUNCH AND WOULD PERMIT PURCHASE OF A LAUNCH ALREADY CONSTRUCTED--- A STOCK BOAT CONSTRUCTED BY COMMERCIAL BOAT BUILDERS--- SUCH PURCHASE TO BE MADE THROUGH COMPETITIVE BIDDING. IF, HOWEVER, FOR ADMINISTRATIVE REASONS IT IS FOUND NECESSARY TO HAVE THE BOAT CONSTRUCTED ACCORDING TO ADMINISTRATIVE PLANS AND DESIGNS RATHER THAN TO PURCHASE A STOCK BOAT ALREADY CONSTRUCTED, THEN CONSTRUCTING FOR THE CONSTRUCTION OF SUCH BOAT RATHER THAN PURCHASING A STOCK BOAT WOULD BE AUTHORIZED. BUT HERE AGAIN THE LAW REQUIRES THE PROCUREMENT OF THE BOAT TO BE THROUGH COMPETITIVE BIDDING, SECTION 3709, REVISED STATUTES, SPECIFICALLY REQUIRING PURCHASES TO BE MADE BY ADVERTISING FOR PROPOSALS RESPECTING THE SAME WHERE THE PUBLIC EXIGENCY DOES NOT REQUIRE IMMEDIATE DELIVERY.

YOU WOULD NOT BE AUTHORIZED TO PURCHASE OR HAVE THE LAUNCH CONSTRUCTED OTHERWISE THAN THROUGH BIDS OBTAINED IN COMPLIANCE WITH THE PROVISIONS OF SECTION 3709, REVISED STATUTES, CITED, AND AWARD MADE TO THE LOWEST RESPONSIBLE BIDDER ACCORDINGLY.