A-64176, OCTOBER 1, 1935, 15 COMP. GEN. 257

A-64176: Oct 1, 1935

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

ARE FOR PROCUREMENT BY DIRECT EMPLOYMENT BY THE ARCHIVIST. WHERE THE SERVICES ARE LIMITED TO SUCH AS MAY BE REQUIRED BY AN OFFICER OR EMPLOYEE WHILE IN A TRAVEL STATUS. 1935: THERE WAS RECEIVED YOUR LETTER OF JULY 25. AS FOLLOWS: REFERENCE IS MADE TO PUBLIC. ARE INCLUDED THE APPROPRIATIONS FOR THE SUPPORT OF THE NATIONAL ARCHIVES FOR THE FISCAL YEARS 1935 AND 1936. THERE WILL BE CONSIDERABLE RESEARCH WORK THROUGHOUT THE COUNTRY WHICH WILL OF NECESSITY MEAN THE EMPLOYMENT OF STENOGRAPHIC SERVICES BY THE EMPLOYEES MAKING SUCH RESEARCH AND A DECISION IS REQUESTED AS TO WHETHER OR NOT THE ABOVE-QUOTED PART OF THE APPROPRIATION ACT CANNOT BE CONSTRUED TO APPLY TO STENOGRAPHIC SERVICES WHEN THE AGGREGATE COST DOES NOT EXCEED THE SUM OF $50 AND.

A-64176, OCTOBER 1, 1935, 15 COMP. GEN. 257

PERSONAL SERVICES - STENOGRAPHERS - NATIONAL ARCHIVES ESTABLISHMENT STENOGRAPHIC SERVICES FOR THE NATIONAL ARCHIVES ESTABLISHMENT, OF THE TYPE PERFORMED BY REGULAR OFFICE STENOGRAPHERS, ARE FOR PROCUREMENT BY DIRECT EMPLOYMENT BY THE ARCHIVIST, AND NOT BY CONTRACT EITHER WITH OR WITHOUT ADVERTISING, BUT, WHERE THE SERVICES ARE LIMITED TO SUCH AS MAY BE REQUIRED BY AN OFFICER OR EMPLOYEE WHILE IN A TRAVEL STATUS, IN CONNECTION WITH THE PREPARATION OF REPORTS, ETC., THEY MAY BE ENGAGED BY THE TRAVELER AT NOT EXCEEDING PREVAILING LOCAL RATES.

COMPTROLLER GENERAL MCCARL TO THE ARCHIVIST, OCTOBER 1, 1935:

THERE WAS RECEIVED YOUR LETTER OF JULY 25, 1935, AS FOLLOWS:

REFERENCE IS MADE TO PUBLIC, NO. 21, 74TH CONGRESS, MAKING APPROPRIATIONS TO SUPPLY DEFICIENCIES IN CERTAIN APPROPRIATIONS FOR THE FISCAL YEAR ENDING JUNE 30TH, 1935, AND PRIOR FISCAL YEARS TO PROVIDE SUPPLEMENT APPROPRIATIONS FOR THE FISCAL YEAR ENDING JUNE 30, 1935, AND FOR OTHER PURPOSES.

IN THE ABOVE-QUOTED ACT, PAGE 3, ARE INCLUDED THE APPROPRIATIONS FOR THE SUPPORT OF THE NATIONAL ARCHIVES FOR THE FISCAL YEARS 1935 AND 1936, WHICH READS IN PART AS FOLLOWS:

"PROVIDED FURTHER THAT SECTION 3709 OF THE REVISED STATUTES (U.S.C. TITLE 41, SECTION 5) SHALL NOT BE CONSTRUED TO APPLY TO ANY PURCHASE OR SERVICE RENDERED FOR THE ARCHIVES WHEN THE AGGREGATE COST INVOLVED DOES NOT EXCEED THE SUM OF $50.'

IN CONNECTION WITH THE FUNCTIONS OF THE NATIONAL ARCHIVES, THERE WILL BE CONSIDERABLE RESEARCH WORK THROUGHOUT THE COUNTRY WHICH WILL OF NECESSITY MEAN THE EMPLOYMENT OF STENOGRAPHIC SERVICES BY THE EMPLOYEES MAKING SUCH RESEARCH AND A DECISION IS REQUESTED AS TO WHETHER OR NOT THE ABOVE-QUOTED PART OF THE APPROPRIATION ACT CANNOT BE CONSTRUED TO APPLY TO STENOGRAPHIC SERVICES WHEN THE AGGREGATE COST DOES NOT EXCEED THE SUM OF $50 AND, IF SO, THE PROCEDURE FOLLOWED IN THE EMPLOYMENT AND PAYMENT OF THE SERVICES RENDERED.

YOUR FAVORABLE CONSIDERATION IN THIS MATTER IS REQUESTED IN VIEW OF THE DELAY INVOLVED IF SUCH STENOGRAPHIC SERVICES WOULD HAVE TO BE SECURED BY CONTRACT WITH A STENOGRAPHIC-REPORTING SERVICE.

THE APPROPRIATION FOR SALARIES AND EXPENSES OF YOUR OFFICE, AS MADE IN THE FIRST DEFICIENCY ACT OF 1935, APPROVED MARCH 21, 1935 (49 STAT. 51), INCLUDES PROVISIONS FOR PERSONAL SERVICES AND FOR CONTRACT STENOGRAPHIC- REPORTING SERVICE. STENOGRAPHIC-REPORTING SERVICES, SUCH AS ARE USUALLY OBTAINED UNDER CONTRACT AS DISTINGUISHED FROM BY THE EMPLOYMENT OF INDIVIDUALS, INVOLVE THE REPORTING OF MEETINGS, HEARINGS, TRIALS, ETC., WHERE THERE MAY BE REQUIRED THE SERVICE OF SEVERAL EXPERT STENOGRAPHERS WORKING IN RELAYS AS WELL AS TYPISTS, ASSEMBLERS, ETC., AND IT IS NOT UNDERSTOOD FROM YOUR SUBMISSION THAT THE STENOGRAPHIC SERVICES THEREIN MENTIONED ARE OF THAT CLASS BUT INVOLVE, RATHER, ONLY THE TAKING OF DICTATION AND TRANSCRIBING SUCH AS PERFORMED BY THE REGULAR OFFICE STENOGRAPHERS. SUCH SERVICES SHOULD NOT BE PROCURED BY CONTRACT EITHER WITH OR WITHOUT ADVERTISING BUT BY DIRECT EMPLOYMENT, AND AS THE ACT OF JUNE 19, 1934 (48 STAT. 1122), ESTABLISHING THE NATIONAL ARCHIVES DIRECTS THAT ALL PERSONS TO BE EMPLOYED "SHALL BE APPOINTED BY THE ARCHIVIST SOLELY WITH REFERENCE TO THEIR FITNESS FOR THE PARTICULAR DUTIES AND WITHOUT REGARD TO THE CIVIL-SERVICE LAW," THE PROCEDURE PROPOSED IN YOUR LETTER IS NOT AUTHORIZED.

HOWEVER, IF THE DESIRED STENOGRAPHIC SERVICE IS LIMITED TO SUCH AS MAY BE REQUIRED BY AN OFFICER OR EMPLOYEE WHILE IN A TRAVEL STATUS IN CONNECTION WITH THE PREPARATION OF REPORTS, ETC., THE TRAVELER MAY BE AUTHORIZED TO ENGAGE AND PAY FOR SUCH SERVICES AT NOT EXCEEDING THE PREVAILING LOCAL RATES, AND TO CLAIM REIMBURSEMENT THEREFOR IN HIS TRAVEL EXPENSE VOUCHER. SEE PARAGRAPH 25 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS.