A-46909, JANUARY 31, 1933, 12 COMP. GEN. 516

A-46909: Jan 31, 1933

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AS FOLLOWS: IT IS DESIRED TO PRESENT FOR YOUR CONSIDERATION AND DECISION THE QUESTION AS TO WHETHER THE BUREAU OF NATURALIZATION OF THIS DEPARTMENT MAY ACCEPT THE INCLOSED OFFER MADE BY THE TABULATING MACHINE COMPANY DIVISION OF THE INTERNATIONAL BUSINESS MACHINES CORPORATION FOR COUNTING SORTING STATISTICAL CARDS AT $18.00 PER 1000 CARDS. A SAMPLE OF THE CARD IN QUESTION IS INCLOSED FOR YOUR INFORMATION. COMPETITIVE BIDS HAVE NOT BEEN SECURED AS THIS COMPANY IS THE ONLY CONCERN HAVING MACHINES WHICH WILL DO THE WORK. IN THE PREPARATION OF THESE STATISTICS THE BUREAU OF NATURALIZATION IS NOW USING STATISTICAL MACHINERY RENTED FROM THE TABULATING MACHINE COMPANY. IT WILL NOT BE POSSIBLE TO COMPLETE THE STATISTICS ON JANUARY 31.

A-46909, JANUARY 31, 1933, 12 COMP. GEN. 516

DEPARTMENTS AND ESTABLISHMENTS - DELEGATION OF DUTY BY CONTRACT THE PREPARATION OF CERTAIN STATISTICAL DATA REQUIRED BY SECTION 8 OF THE ACT OF MAY 25, 1932, 47 STAT. 166, TO BE PERFORMED BY THE COMMISSIONER OF NATURALIZATION, MAY NOT BE PERFORMED BY CONTRACTING WITH A NON-GOVERNMENT AGENCY.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF LABOR, JANUARY 31, 1933:

THERE HAS BEEN RECEIVED YOUR LETTER OF JANUARY 23, 1933, AS FOLLOWS:

IT IS DESIRED TO PRESENT FOR YOUR CONSIDERATION AND DECISION THE QUESTION AS TO WHETHER THE BUREAU OF NATURALIZATION OF THIS DEPARTMENT MAY ACCEPT THE INCLOSED OFFER MADE BY THE TABULATING MACHINE COMPANY DIVISION OF THE INTERNATIONAL BUSINESS MACHINES CORPORATION FOR COUNTING SORTING STATISTICAL CARDS AT $18.00 PER 1000 CARDS. A SAMPLE OF THE CARD IN QUESTION IS INCLOSED FOR YOUR INFORMATION. COMPETITIVE BIDS HAVE NOT BEEN SECURED AS THIS COMPANY IS THE ONLY CONCERN HAVING MACHINES WHICH WILL DO THE WORK.

UNDER THE ACT APPROVED MAY 25, 1932 (PUBLIC NO. 149-72D CONGRESS), CONGRESS PROVIDED IN SEC. 8 OF THAT ACT:

"THE COMPILATION OF THE STATISTICS TO SHOW RACES, NATIONALITIES, AND OTHER INFORMATION, AUTHORIZED AND DIRECTED TO BE PREPARED BY THE COMMISSIONER OF NATURALIZATION, SHALL BE COMPLETED AND PUBLISHED AT THE SAME TIME, AS NEAR AS PRACTICABLE, AS THE PUBLICATION OF THE STATISTICS OF THE 1930 CENSUS; EXCEPT THAT REPORTS COVERING THE CENSUS OF 1910 SHALL BE COMPLETED AND SUBMITTED NOT LATER THAN JANUARY 31, 1933, AND REPORTS COVERING THE CENSUS OF 1920 NOT LATER THAN DECEMBER 31, 1933.'

IN THE PREPARATION OF THESE STATISTICS THE BUREAU OF NATURALIZATION IS NOW USING STATISTICAL MACHINERY RENTED FROM THE TABULATING MACHINE COMPANY, BUT IT WILL NOT BE POSSIBLE TO COMPLETE THE STATISTICS ON JANUARY 31, 1933. IT IS DESIRED TO SUPPLEMENT THE OUTPUT OF SUCH MACHINESNOW IN USE BY UTILIZING THE SERVICE BUREAU OF THIS COMPANY. FOR THIS REASON PROMPT DECISION IN THIS MATTER WILL BE APPRECIATED.

THE OFFER OF THE TABULATING MACHINE COMPANY IS AS FOLLOWS:

IT IS OUR PRIVILEGE TO QUOTE YOU THE FOLLOWING PRICE FOR COUNTING SORTING CARDS IN CONNECTION WITH THE PREPARATION OF YOUR STATISTICS RELATIVE TO THE REPORT ON NATURALIZED ALIENS UP TO AND INCLUDING THE FISCAL YEAR 1910; $18.00 PER 1,000 CARDS.

THE ABOVE PRICE IS QUOTED ON THE BASIS OF THE PREPARATION OF REPORTS ACCORDING TO THE PRESENT PROCEDURE, UTILIZING PUNCHED AND PROVEN CARDS. ANY ADDITIONAL CARD COUNTING WILL BE DONE AT THE ABOVE PRESCRIBED RATE.

IN ADDITION YOU WILL BE REQUESTED TO SUPPLY SUCH MISCELLANEOUS ITEMS AS SPECIAL STATIONERY, TRANSPORTATION, ETC.

SALES TAX, IF AND WHEN LEVIED, TO BE ASSUMED BY YOU.

TERMS ARE 30 DAYS NET FROM DATE OF INVOICE, NO DISCOUNT ALLOWED FOR PREPAYMENT.

TABULATING CARDS AND/OR RECORDS ENTRUSTED TO US IN CONNECTION WITH SERVICE BUREAU WORK, AS WELL AS CARDS AND/OR RECORDS STORED WITH US UNDER THE TERMS OF THIS AGREEMENT, ARE ACCEPTED BY US FOR YOUR ACCOUNT AND RISK COVERING ANY DAMAGES WHICH MIGHT ACCRUE TO SAID CARDS AND/OR RECORDS, DUE TO CIRCUMSTANCES BEYOND OUR CONTROL.

IT WILL BE NOTED THAT SECTION 8 OF THE ACT OF MAY 25, 1932, 47 STAT. 166, QUOTED IN YOUR SUBMISSION REFERS TO STATISTICS "AUTHORIZED AND DIRECTED TO BE PREPARED BY THE COMMISSIONER OF NATURALIZATION," AND IMPOSED UPON THAT OFFICIAL THE DUTY OF COMPLETING THE WORK WITHIN THE TIME SPECIFIED. ALSO, THERE IS AUTHORITY IN THE SECTION, FOLLOWING THE PART QUOTED IN YOUR SUBMISSION, FOR "PAYMENT FOR THE EQUIPMENT USED IN PREPARING SUCH COMPILATION * * * FROM APPROPRIATIONS FOR MISCELLANEOUS EXPENSES OF THE BUREAU OF NATURALIZATION.' THE WORK HERE INVOLVED IS ESSENTIALLY A WORK TO BE PERFORMED BY THE GOVERNMENT AGENCY ESTABLISHED BY THE CONGRESS FOR THAT PARTICULAR PURPOSE AND I FIND NO AUTHORITY FOR HAVING THE WORK PERFORMED BY CONTRACT WITH A NON GOVERNMENT AGENCY.

ANSWERING YOUR QUESTIONS SPECIFICALLY, YOU ARE ADVISED THAT THERE IS NO APPROPRIATION AVAILABLE FOR PAYMENT TO THE TABULATING MACHINE COMPANY FOR THE PERFORMANCE OF THIS WORK.