A-54538, APRIL 19, 1934, 13 COMP. GEN. 291

A-54538: Apr 19, 1934

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IS IN CONTRAVENTION OF THE ACT OF MARCH 1. PAYMENT THEREFOR IS NOT AUTHORIZED FROM PUBLIC FUNDS. 1934: THERE HAVE BEEN SUBMITTED TO THIS OFFICE FOR PREAUDIT SIX VOUCHERS PROPOSING PAYMENT TO THE NATIONAL CAPITAL PRESS. IT IS STATED IN MEMORANDA NOW ATTACHED TO THE VOUCHERS AND SIGNED BY THE CHIEF CLERK THAT AS TO VOUCHERS 422. THE NEED FOR THE PRINTING WAS NOT DETERMINED UNTIL AFTER THE CLOSING HOUR OF THE GOVERNMENT PRINTING OFFICE. THAT "A REPRESENTATIVE OF THE NATIONAL CAPITAL PRESS BEING THE ONLY LOCAL PRINTER WHOSE HOME TELEPHONE NUMBER WAS KNOWN TO THIS (HIS) OFFICE. THE PRINTING WAS AWARDED TO THAT COMPANY.'. THE AWARD IS SAID TO HAVE BEEN MADE TO THE NATIONAL CAPITAL PRESS BECAUSE IT WAS IN POSSESSION OF THE PLATES.

A-54538, APRIL 19, 1934, 13 COMP. GEN. 291

PRINTING AND BINDING PRINTING FOR THE FEDERAL CIVIL WORKS ADMINISTRATION PROCURED IN THE DISTRICT OF COLUMBIA, BUT NOT FROM OR THROUGH THE PUBLIC PRINTER, IS IN CONTRAVENTION OF THE ACT OF MARCH 1, 1919, 40 STAT. 1270, AND THE ACT OF FEBRUARY 28, 1929, 45 STAT. 1400, AND PAYMENT THEREFOR IS NOT AUTHORIZED FROM PUBLIC FUNDS. THE AUTHORIZATION FROM THE JOINT COMMITTEE ON PRINTING FOR FIELD PRINTING EXTENDS ONLY TO PRINTING PROCURED ELSEWHERE THAN IN THE DISTRICT OF COLUMBIA AND FOR THE EXCLUSIVE USE OF THE FIELD SERVICE.

COMPTROLLER GENERAL MCCARL TO THE ADMINISTRATOR OF THE FEDERAL CIVIL WORKS ADMINISTRATION, APRIL 19, 1934:

THERE HAVE BEEN SUBMITTED TO THIS OFFICE FOR PREAUDIT SIX VOUCHERS PROPOSING PAYMENT TO THE NATIONAL CAPITAL PRESS, INC., FOR PRINTING. FOUR OF THE VOUCHERS NOS. 422, 423, 672, AND 778 HAD BEEN PREVIOUSLY SUBMITTED FOR PREAUDIT AND RETURNED WITHOUT CERTIFICATION AS THERE APPEARED NO AUTHORITY TO PROCURE PRINTING IN THE DISTRICT OF COLUMBIA OTHER THAN FROM OR THROUGH THE PUBLIC PRINTER. IT IS STATED IN MEMORANDA NOW ATTACHED TO THE VOUCHERS AND SIGNED BY THE CHIEF CLERK THAT AS TO VOUCHERS 422, 423, 672, AND 778, THE NEED FOR THE PRINTING WAS NOT DETERMINED UNTIL AFTER THE CLOSING HOUR OF THE GOVERNMENT PRINTING OFFICE, AND THAT "A REPRESENTATIVE OF THE NATIONAL CAPITAL PRESS BEING THE ONLY LOCAL PRINTER WHOSE HOME TELEPHONE NUMBER WAS KNOWN TO THIS (HIS) OFFICE, THE PRINTING WAS AWARDED TO THAT COMPANY.' IN THE CASE OF VOUCHER 953, THE AWARD IS SAID TO HAVE BEEN MADE TO THE NATIONAL CAPITAL PRESS BECAUSE IT WAS IN POSSESSION OF THE PLATES. THE SAME EXPLANATION IS GIVEN AS TO THE FIRST ITEM ON VOUCHER 967; AS TO THE SECOND ITEM IT IS SAID THAT THE SHORT NOTICE WOULD NOT PERMIT SECURING PRINTING DONE UNDER THE PROCEDURE OUTLINED BY LAW.

SECTION 11 OF THE ACT OF MARCH 1, 1919, 40 STAT. 1270, PROVIDES:

THAT THE JOINT COMMITTEE ON PRINTING SHALL HAVE POWER TO ADOPT AND EMPLOY SUCH MEASURES AS, IN ITS DISCRETION, MAY BE DEEMED NECESSARY TO REMEDY ANY NEGLECT, DELAY, DUPLICATION, OR WASTE IN THE PUBLIC PRINTING AND BINDING AND THE DISTRIBUTION OF GOVERNMENT PUBLICATIONS: * * * PROVIDED FURTHER, THAT ON AND AFTER JULY 1, 1919, ALL PRINTING, BINDING, AND BLANK-BOOK WORK FOR CONGRESS, THE EXECUTIVE OFFICE, THE JUDICIARY, AND EVERY EXECUTIVE DEPARTMENT, INDEPENDENT OFFICE, AND ESTABLISHMENT OF THE GOVERNMENT, SHALL BE DONE AT THE GOVERNMENT PRINTING OFFICE, EXCEPT SUCH CLASSES OF WORK AS SHALL BE DEEMED BY THE JOINT COMMITTEE ON PRINTING TO BE URGENT OR NECESSARY TO HAVE DONE ELSEWHERE THAN IN THE DISTRICT OF COLUMBIA FOR THE EXCLUSIVE USE OF ANY FIELD SERVICE OUTSIDE OF SAID DISTRICT.

THE ACT OF FEBRUARY 28, 1929, 45 STAT. 1400, CONTAINS THE FOLLOWING PROVISION:

* * * THAT HEREAFTER SUCH PRINTING, BINDING, AND BLANK-BOOK WORK AUTHORIZED BY LAW, AS THE PUBLIC PRINTER IS NOT ABLE OR EQUIPPED TO DOAT THE GOVERNMENT PRINTING OFFICE MAY BE PRODUCED ELSEWHERE UNDER CONTRACTS MADE BY HIM WITH THE APPROVAL OF THE JOINT COMMITTEE ON PRINTING.

UNDER DATE OF JANUARY 15, 1934, THE CHAIRMAN OF THE JOINT COMMITTEE ON PRINTING FURNISHED THIS OFFICE A COPY OF AUTHORIZATION DATED DECEMBER 4, 1933, AND ADDRESSED TO THE ADMINISTRATOR, FEDERAL CIVIL WORKS ADMINISTRATION, APPROVING THE ESTIMATE OF $50,000 FOR FIELD PRINTING, A- 52481, JANUARY 29, 1934. IT WILL BE NOTED THAT THE ONLY EXCEPTION TO THE MANDATORY REQUIREMENTS OF SECTION 11 OF THE ACT OF MARCH 1, 1919, SUPRA, IS SUCH CLASS OF WORK AS SHALL BE DEEMED BY THE JOINT COMMITTEE ON PRINTING TO BE URGENT OR NECESSARY TO HAVE BEEN DONE ELSEWHERE THAN IN THE DISTRICT OF COLUMBIA FOR THE EXCLUSIVE USE OF ANY FIELD SERVICE OUTSIDE OF THE DISTRICT OF COLUMBIA; THAT IS TO SAY, THE PRINTING EXCEPTED IS SUCH AS IS TO BE PRODUCED AND USED OUTSIDE OF THE DISTRICT OF COLUMBIA (7 COMP. GEN. 680). NEITHER THE STATUTE CITED NOR THE APPROVAL OF THE JOINT COMMITTEE ON PRINTING FOR FIELD PRINTING FOR YOUR ADMINISTRATION, THEREFORE, PERMITTED SUCH PRINTING TO BE DONE IN THE DISTRICT OF COLUMBIA. AS THE PRINTING INVOLVED IN THE VOUCHERS SUBMITTED FOR PREAUDIT WAS NOT PROCURED FROM OR THROUGH THE PUBLIC PRINTER, PAYMENT THEREFOR WOULD CONTRAVENE THE LAW (8 COMP. GEN. 670). SEE, ALSO, THE CONSOLIDATED SUPPLY CO. V. UNITED STATES, 59 CT.CLS. 197. ..END :