A-55750, A-54168, JUNE 16, 1934, 13 COMP. GEN. 447

A-54168,A-55750: Jun 16, 1934

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COPIES FOR THE NATIONAL RECOVERY ADMINISTRATION ARE NOT FOR THE PUBLIC AND MUST BE FURNISHED AT THE CONTRACT RATE FOR COPIES OTHERWISE FURNISHED THE SECRETARY OF AGRICULTURE. AS FOLLOWS: WE ARE AGAIN RETURNING VOUCHER NUMBER 7810 IN THE NAME OF EARL W. PLEASE BE ADVISED THAT AGREEMENT REGARDING PRICE OF 10 CENTS PER PAGE WAS A VERBAL AGREEMENT WITH THE N.R.A. WHEN IT WAS FOUND NECESSARY THAT COPIES OF THESE TRANSCRIPTS BE FURNISHED THE ADMINISTRATION. THIS CONTRACT IS CALLED BY MR. COPIES OF THESE TRANSCRIPTS WERE DEEMED NECESSARY AND THE ONLY SOURCE FROM WHICH THEY COULD BE HAD WAS THROUGH MR. WAS OFFERED. BY THIS MEANS THE AGREEMENT WAS REACHED. HAVE BEEN MADE ON THIS VOUCHER THUS REDUCING IT TO $1.

A-55750, A-54168, JUNE 16, 1934, 13 COMP. GEN. 447

CONTRACTS - STENOGRAPHIC REPORTING UNDER A CONTRACT BY THE SECRETARY OF AGRICULTURE FOR STENOGRAPHIC REPORTING SERVICES FOR THE AGRICULTURAL ADJUSTMENT ADMINISTRATION, FIXING ONE PRICE PER PAGE FOR EXTRA COPIES WHEN FURNISHED THE SECRETARY OF AGRICULTURE AND ANOTHER AND GREATER PRICE FOR COPIES TO BE FURNISHED THE PUBLIC, COPIES FOR THE NATIONAL RECOVERY ADMINISTRATION ARE NOT FOR THE PUBLIC AND MUST BE FURNISHED AT THE CONTRACT RATE FOR COPIES OTHERWISE FURNISHED THE SECRETARY OF AGRICULTURE.

COMPTROLLER GENERAL MCCARL TO THE ADMINISTRATOR, NATIONAL RECOVERY ADMINISTRATION, JUNE 16, 934:

THERE HAS BEEN RECEIVED YOUR LETTER OF MAY 4, 1934, AS FOLLOWS:

WE ARE AGAIN RETURNING VOUCHER NUMBER 7810 IN THE NAME OF EARL W. COOPER.

IN ANSWER TO PREAUDIT DIFFERENCE STATEMENT AGAINST SCHEDULE 3414, PLEASE BE ADVISED THAT AGREEMENT REGARDING PRICE OF 10 CENTS PER PAGE WAS A VERBAL AGREEMENT WITH THE N.R.A. WHEN IT WAS FOUND NECESSARY THAT COPIES OF THESE TRANSCRIPTS BE FURNISHED THE ADMINISTRATION.

THE CONTRACT WHICH MR. COOPER HAS WITH THE A.A.A. AND TO WHICH HE REFERS IN PARAGRAPH 3 OF HIS LETTER OF APRIL 14, STATES SPECIFICALLY THAT EXTRA COPIES OF ALL TRANSCRIPTS BE FURNISHED THE A.A.A. AT 5 CENTS PER PAGE, AND ALL OUTSIDERS AT 10 CENTS PER PAGE. THIS CONTRACT IS CALLED BY MR. COOPER ONE STRICTLY WITH THE A.A.A. AND HE DOES NOT FEEL BOUND TO FURNISH ANY OTHER ORGANIZATION WITH THESE EXTRA COPIES AT LESS THAN 10 CENTS PER PAGE. ACCORDING TO HIS UNDERSTANDING OF "ALL OUTSIDE AGENCIES," N.R.A. OR ANY OTHER GOVERNMENT AGENCY WOULD BE INCLUDED. HE DOES NOT FEEL UNDER OBLIGATION TO SELL AT LESS THAN 10 CENTS PER PAGE UNDER THIS AGREEMENT.

THE N.R.A. DID NOT ARBITRARILY ARRIVE AT AN AGREED PRICE OF 10 CENTS PER PAGE IN ITS DEALINGS WITH MR. COOPER. COPIES OF THESE TRANSCRIPTS WERE DEEMED NECESSARY AND THE ONLY SOURCE FROM WHICH THEY COULD BE HAD WAS THROUGH MR. COOPER. NO PRICE OTHER THAN THE CONTRACT PRICE TO OUTSIDERS, 10 CENTS PER PAGE, WAS OFFERED, AND BY THIS MEANS THE AGREEMENT WAS REACHED.

HOWEVER, UNDER THE CONTRACT OF JANUARY 1, 1934, BETWEEN EARL W. COOPER AND THE A.A.A., AND BY AUTHORITY OF SECTION 601 OF THE ECONOMY ACT, WE UNDERSTAND THAT THE A.A.A. MAY FURNISH THE N.R.A. WITH COPIES OF THESE TRANSCRIPTS AT THEIR CONTRACT PRICE, OR 5 CENTS PER PAGE, AND SUBMIT A VOUCHER FOR REIMBURSEMENT. BY REASON OF THIS, ADMINISTRATIVE DEDUCTIONS IN THE AMOUNT OF $1,497.20 FOR HEARINGS SINCE JANUARY 1, 1934, HAVE BEEN MADE ON THIS VOUCHER THUS REDUCING IT TO $1,138.40. A.A.A. WILL BE ASKED TO MAKE PAYMENTS TO EARL W. COOPER FOR

* * * * * * * THESE HEARINGS AT THEIR CONTRACT PRICE OF 5 CENTS PER PAGE AND THEN SUBMIT VOUCHER TO N.R.A. FOR REIMBURSEMENT OF THIS AMOUNT. THIS METHOD, N.R.A. WILL EFFECT A SAVING OF 50 PERCENT IN ITS FUTURE DEALINGS WITH E. W. COOPER.

WE TRUST THAT THIS EXPLANATION WILL ENABLE YOU TO CERTIFY THIS BILL FOR PAYMENT.

CONTRACT A1S-8561, EXECUTED JUNE 28, 1933, BETWEEN THE UNITED STATES OF AMERICAN BY R. G. TUGWELL, ACTING SECRETARY OF AGRICULTURE, AND EARL W. COOPER, PROVIDES FOR THE STENOGRAPHIC REPORTING BY MR. COOPER, DURING THE PERIOD JULY 1, 1933, TO DECEMBER 31, 1933, OF ALL HEARINGS BEFORE THE SECRETARY OF AGRICULTURE OR PERSONS DESIGNATED BY HIM UNDER THE AGRICULTURAL ADJUSTMENT ADMINISTRATION IN WASHINGTON, D.C., AND ELSEWHERE AT STATED PRICES FOR ORIGINAL TRANSCRIPTS AND CARBONS DEPENDING UPON THE PROMPTNESS WITH WHICH THE COPIES ARE TO BE FURNISHED AND THE LOCATION OF THE HEARINGS. THE CONTRACT CONTAINS, ALSO, THE PROVISION UNDER WHICH THE BIDDER AGREES TO FURNISH COPIES OR PARTS THEREOF TO "THE PUBLIC" AT NOT TO EXCEED 12 CENTS PER PAGE. CONTRACT A1S-9240 BETWEEN THE SAME PARTIES AND COVERING SIMILAR HEARINGS DURING THE PERIOD JANUARY 1, 1934, TO JUNE 30, 1934, CONTAINS A PROVISION IDENTICAL IN LANGUAGE, EXCEPT THAT THE PAGE RATE FOR COPIES TO THE PUBLIC IS 10 CENTS INSTEAD OF 12 CENTS. EXECUTING THESE CONTRACTS, THE SECRETARY OF AGRICULTURE ACTED AS AGENT OF THE UNITED STATES AND IN THE ABSENCE OF SPECIFIC PROVISION TO THE CONTRARY, ANY COPIES OF THE HEARINGS REQUIRED BY OTHER AGENCIES OF THE GOVERNMENT ARE TO BE FURNISHED AT THE SAME CONTRACT RATES FOR COPIES AS THOUGH FURNISHED TO THE SECRETARY OF AGRICULTURE. THE NATIONAL RECOVERY ADMINISTRATION IS NOT "THE PUBLIC" WITHIN THE PURVIEW OF THE PROVISION IN THE CONTRACT, AND COPIES DESIRED BY IT ARE TO BE FURNISHED AT THE CONTRACT RATES. PAYMENT ON THE VOUCHER AT THE RATE OF 10 CENTS PER PAGE IS NOT AUTHORIZED. THE VOUCHER WILL BE RETURNED, AND IF THE CONTRACTOR WILL SUBMIT A NEW VOUCHER AT THE RATE SPECIFIED IN THE RESPECTIVE CONTRACTS FOR CARBON COPIES FURNISHED TO OR THROUGH THE SECRETARY OF AGRICULTURE, THE SAME WILL HAVE CONSIDERATION.