A-48145, APRIL 18, 1933, 12 COMP. GEN. 597

A-48145: Apr 18, 1933

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IS NOT REQUIRED UNDER SECTION 7 OF THE ACT OF MAY 21. OR EQUIPMENT WHICH THE GOVERNMENT ALREADY OWNS OR WHICH THE OTHER DEPARTMENT IS PREPARED TO PROCURE IN A MANNER AUTHORIZED BY LAW. THAT IS IT NOW DESIRED TO ENTER AN ORDER FOR 18 BLANK MEDALS. WHICH ARE QUOTED AT $34 EACH. ARE PRACTICALLY THE SAME AS $20 GOLD COINS. EXCEPT THAT THEY ARE DELIVERED BLANK ON BOTH SIDES. IF FUNDS ARE AVAILABLE THEREFOR AND IF IT IS DETERMINED BY THE HEAD OF SUCH EXECUTIVE DEPARTMENT. IT WILL BE NOTED THAT UNDER THIS STATUE. THERE IS NO REQUIREMENT IN THE STATUTE THAT ONE DEPARTMENT OR ESTABLISHMENT MUST ADVERTISE BEFORE REQUISITIONING FROM ANOTHER DEPARTMENT OR ESTABLISHMENT MATERIALS. OR EQUIPMENT WHICH THE GOVERNMENT ALREADY OWNS OR WHICH THE OTHER DEPARTMENT OR ESTABLISHMENT IS PREPARED TO PROCURE IN A MANNER AUTHORIZED BY LAW.

A-48145, APRIL 18, 1933, 12 COMP. GEN. 597

ECONOMY ACT - CONTRACTS - INTERDEPARTMENTAL PURCHASES ADVERTISING IN ACCORDANCE WITH SECTION 3709, REVISED STATUTES, IS NOT REQUIRED UNDER SECTION 7 OF THE ACT OF MAY 21, 1920, 41 STAT. 613, AS AMENDED BY SECTION 601 OF THE ACT OF JUNE 30, 1932, 47 STAT. 417, FOR THE PROCUREMENT FROM ANOTHER DEPARTMENT OF MATERIALS, SUPPLIES, OR EQUIPMENT WHICH THE GOVERNMENT ALREADY OWNS OR WHICH THE OTHER DEPARTMENT IS PREPARED TO PROCURE IN A MANNER AUTHORIZED BY LAW.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF STATE, APRIL 18, 1933:

THERE HAS BEEN RECEIVED YOUR LETTER OF MARCH 27, 1933, TO THE EFFECT THAT THE DEPARTMENT OF STATE HAS FROM TIME TO TIME ORDERED MEDALS FROM THE DIRECTOR OF THE MINT, TREASURY DEPARTMENT, TO BE GIVEN IN THE ACKNOWLEDGMENT OF THE SERVICES OF MASTERS AND CREWS OF FOREIGN VESSELS IN RESCUING AMERICAN SEAMEN OR CITIZENS FROM SHIPWRECK OR OTHER CATASTROPHE AT SEA, AND THAT IS IT NOW DESIRED TO ENTER AN ORDER FOR 18 BLANK MEDALS, CASES, AND RIDERS, WHICH ARE QUOTED AT $34 EACH, OR A TOTAL OF $612, AND ARE PRACTICALLY THE SAME AS $20 GOLD COINS, EXCEPT THAT THEY ARE DELIVERED BLANK ON BOTH SIDES. YOU REQUEST DECISION WHETHER UNDER THE ACT OF JULY 1, 1932, 47 STAT. 480, THESE MEDALS MAY BE PURCHASED FROM THE BUREAU OF THE MINT WITHOUT ADVERTISING FOR BIDS.

THE ACT OF JULY 1, 1932, 47 STAT. 480, APPROPRIATED $1,000 "FOR EXPENSES WHICH MAY BE INCURRED IN THE ACKNOWLEDGMENT OF THE SERVICES OF MASTERS AND CREWS OF FOREIGN VESSELS IN RESCUING AMERICAN SEAMEN OR CITIZENS FROM SHIPWRECK OR OTHER CATASTROPHE AT SEA," BUT DID NOT SPECIFY IN WHAT MANNER THE SERVICES SHOULD BE ACKNOWLEDGED.

SECTION 7 OF THE ACT OF MAY 21, 1920, 41 STAT. 613, AS AMENDED BY TITLE VI, SECTION 601, OF THE LEGISLATIVE-ECONOMY ACT OF JUNE 30, 1932, PROVIDES THAT:

(A) ANY EXECUTIVE DEPARTMENT OR INDEPENDENT ESTABLISHMENT OF THE GOVERNMENT, OR ANY BUREAU OR OFFICE THEREOF, IF FUNDS ARE AVAILABLE THEREFOR AND IF IT IS DETERMINED BY THE HEAD OF SUCH EXECUTIVE DEPARTMENT, ESTABLISHMENT, BUREAU, OR OFFICE TO BE IN THE INTEREST OF THE GOVERNMENT SO TO DO, MAY PLACE ORDERS WITH ANY OTHER SUCH DEPARTMENT, ESTABLISHMENT, BUREAU, OR OFFICE FOR MATERIALS, SUPPLIES, EQUIPMENT, WORK, OR SERVICES, OF ANY KIND THAT SUCH REQUISITIONED FEDERAL AGENCY MAY BE IN A POSITION TO SUPPLY OR EQUIPPED TO RENDER, AND SHALL PAY PROMPTLY BY CHECK TO SUCH FEDERAL AGENCY AS MAY BE REQUISITIONED, UPON ITS WRITTEN REQUEST, EITHER IN ADVANCE OR UPON THE FURNISHING OR PERFORMANCE THEREOF, ALL OR PART OF THE ESTIMATED OR ACTUAL COST THEREOF AS DETERMINED BY SUCH DEPARTMENT, ESTABLISHMENT, BUREAU, OR OFFICE AS MAY BE REQUISITIONED; BUT PROPER ADJUSTMENTS ON THE BASIS OF THE ACTUAL COST OF THE MATERIALS, SUPPLIES, OR EQUIPMENT FURNISHED, OR WORK OR SERVICES PERFORMED, PAID FOR IN ADVANCE, SHALL BE MADE AS MAY BE AGREED UPON BY THE DEPARTMENTS, ESTABLISHMENTS, BUREAUS, OR OFFICES CONCERNED: PROVIDED, HOWEVER, THAT IF SUCH WORK OR SERVICES CAN BE AS CONVENIENTLY OR MORE CHEAPLY PERFORMED BY PRIVATE AGENCIES SUCH WORK SHALL BE LET BY COMPETITIVE BIDS TO SUCH PRIVATE AGENCIES. BILLS RENDERED, OR REQUESTS FOR ADVANCE PAYMENTS MADE, PURSUANT TO ANY SUCH ORDER, SHALL NOT BE SUBJECT TO AUDIT OR CERTIFICATION IN ADVANCE OF PAYMENT.

IT WILL BE NOTED THAT UNDER THIS STATUE, WHEN DETERMINED TO BE IN THE INTEREST OF THE GOVERNMENT TO DO SO, ORDERS MAY BE PLACED WITH OTHER GOVERNMENT DEPARTMENTS, ESTABLISHMENTS, BUREAUS, OR OFFICES FOR MATERIALS, SUPPLIES, EQUIPMENT, WORK, OR SERVICES WITH A PROVISO THAT SUCH ORDERS MAY NOT BE SO PLACED FOR "WORK OR SERVICES" TO BE PERFORMED--- AS DISTINGUISHED FROM MATERIALS, SUPPLIES, OR EQUIPMENT TO BE FURNISHED--- "IF SUCH WORK OR SERVICES CAN BE AS CONVENIENTLY OR MORE CHEAPLY PERFORMED BY PRIVATE AGENCIES.' THERE IS NO REQUIREMENT IN THE STATUTE THAT ONE DEPARTMENT OR ESTABLISHMENT MUST ADVERTISE BEFORE REQUISITIONING FROM ANOTHER DEPARTMENT OR ESTABLISHMENT MATERIALS, SUPPLIES, OR EQUIPMENT WHICH THE GOVERNMENT ALREADY OWNS OR WHICH THE OTHER DEPARTMENT OR ESTABLISHMENT IS PREPARED TO PROCURE IN A MANNER AUTHORIZED BY LAW.

THE QUESTION THUS RESOLVES ITSELF INTO WHETHER THE PROCUREMENT OF BLANK MEDALS IN THIS CASE, WHICH YOU STATE ARE PRACTICALLY THE SAME AS $20 GOLD PIECES, EXCEPT THAT THEY ARE BLANK ON BOTH SIDES, INVOLVES THE PROCUREMENT OF "WORK OR SERVICES" WITHIN THE PROVISO, OR THE PROCUREMENT OF ,MATERIAL, SUPPLIES, OR EQUIPMENT" WITHIN THE BODY OF THE STATUTE. IT WOULD SEEM TO BE TOO CLEAR FOR SERIOUS ARGUMENT THAT THE PROCUREMENT OF THE MEDALS BLANK ON BOTH SIDES IN THE SHAPE OF $20 GOLD PIECES IS NOT THE PROCUREMENT OF "WORK OR SERVICES," BUT IS THE PROCUREMENT OF MATERIALS OR SUPPLIES.

ACCORDINGLY, YOU ARE ADVISED THE THE PROVISO IN SECTION 7 OF THE ACT OF MAY 21, 1920, 41 STAT. 613, AS AMENDED BY TITLE VI, SECTION 601, OF THE ACT OF JUNE 30, 1932, SUPRA, IS NOT FOR APPLICATION, AND THE BLANK MEDALS MAY BE OBTAINED FROM THE MINT WITHOUT ASCERTAINING WHETHER THEY COULD BE AS CONVENIENTLY OR MORE CHEAPLY FURNISHED BY A PRIVATE AGENCY.