A-76545, AUGUST 12, 1936, 16 COMP. GEN. 145

A-76545: Aug 12, 1936

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CERTIFICATES FROM PRIVATE CONTRACTORS TAGS AND CERTIFICATES THAT ARE NOT SUCH AS ARE HELD FOR SALE TO THE PUBLIC GENERALLY WITHOUT REQUIRING ANY PRINTING AFTER RECEIPT OF REQUISITION THEREFOR. 1936: THERE HAVE BEEN BROUGHT TO MY ATTENTION CERTAIN CONTRACTS ENTERED INTO BY THE PROCUREMENT DIVISION. THE PROCUREMENT DIVISION WAS REQUESTED TO INFORM THIS OFFICE WHY IT WAS PROPOSED TO PURCHASE SUCH ITEMS FROM PRIVATE CONTRACTORS. REQUESTING INFORMATION RELATIVE TO WHY IT IS PROPOSED TO PURCHASE ARTICLES OF PRINTED TAGS. YOU ARE INFORMED THAT THE PROCUREMENT DIVISION FOR A NUMBER OF YEARS HAS CONTRACTED FOR SUCH ITEMS OF TAGS AS ARE PRINTED IN THE COURSE OF MANUFACTURE. IT BEING FELT THAT THIS WAS IN ACCORDANCE WITH THE MEANING OF THE ACT TO WHICH YOU REFER.

A-76545, AUGUST 12, 1936, 16 COMP. GEN. 145

PRINTING AND BINDING - PURCHASES OF DIARIES, TAGS, AND CERTIFICATES FROM PRIVATE CONTRACTORS TAGS AND CERTIFICATES THAT ARE NOT SUCH AS ARE HELD FOR SALE TO THE PUBLIC GENERALLY WITHOUT REQUIRING ANY PRINTING AFTER RECEIPT OF REQUISITION THEREFOR, AND DIARIES, CONSTITUTE PRINTING, BINDING, OR BLANK- BOOK WORK WITHIN THE PURVIEW OF THE ACT OF MARCH 1, 1919, 40 STAT. 1270, AND FURTHER PURCHASES MAY NOT BE MADE UNDER CONTRACTS OF THE PROCUREMENT DIVISION, TREASURY DEPARTMENT, WITHOUT AUTHORIZATION FROM THE PUBLIC PRINTER.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE TREASURY, AUGUST 12, 1936:

THERE HAVE BEEN BROUGHT TO MY ATTENTION CERTAIN CONTRACTS ENTERED INTO BY THE PROCUREMENT DIVISION, TREASURY DEPARTMENT, COVERING ITEMS IN CLASS 53 OF THE GENERAL SCHEDULE OF SUPPLIES FOR THE PERIOD JANUARY 1 TO NOVEMBER 30, 1936, MORE PARTICULARLY AS FOLLOWS: R. P. ANDREWS PAPER CO., CONTRACT TPS-10157---

ITEMS:

53-B-21782 - DIARIES.

53-B-21786.

53-B-21790.

53-T-690 - TAGS,"U.S. REJECTED.'

53-T-692 - TAGS,"U.S. RETAINED.'

53-T-694.

53-T-695.

53-T-698. R. CARTER BALLANTYNE, CONTRACT TPS-10158---

ITEMS:

53-T-680 - TAGS, PRINTED FROM SAMPLE.

53-T-682.

53-T-922 TO 53-T-935, INCLUSIVE--- TAGS, PRICES QUOTED WHEN

INCLUDING PRINTING. R. P. CLARKE COMPANY, CONTRACT TPS-10163 --

ITEMS:

53-T-690 - TAGS,"U.S. REJECTED.'

53-T-692.

63-T-698 - TAGS,"U.S. RETAINED.' M. S. GINN AND COMPANY, CONTRACT TPS- 10176---

ITEMS:

53-B-21770 - DIARIES.

53-B-21774.

53-B-21778.

53-B-21782.

53-B-21786.

53-B-21790.

53-B-21860.

53-B-21870.

53-T-935-212 - TAGS. PRICES QUOTED WHEN INCLUDING PRINTING.

53-T-935-224.

53-T-935-234.

53-T-935-244.

53-T-935-254.

53-T-935-264. GEORGE J. MCCLOSKY, CONTRACT TPS-10184---

ITEMS:

53-C-11176 - MEAT INSPECTION CERTIFICATES PRINTED ON ORDER.

53-C-11178.

53-C-11180.

53-C-11182.

53-C-11184.

AS THESE CONTRACTS APPEAR TO COVER ITEMS OF PRINTING, BINDING, OR BLANK BOOK WORK SUCH AS REQUIRED BY THE ACT OF MARCH 1, 1919, 40 STAT. 1270, TO BE PROCURED FROM THE GOVERNMENT PRINTING OFFICE, THE PROCUREMENT DIVISION WAS REQUESTED TO INFORM THIS OFFICE WHY IT WAS PROPOSED TO PURCHASE SUCH ITEMS FROM PRIVATE CONTRACTORS, AND, IN REPLY TO SUCH INQUIRY, THAT DIVISION, BY LETTER DATED MAY 22, 1936, ADVISED THIS OFFICE AS FOLLOWS:

WITH REFERENCE TO YOUR LETTERS OF APRIL 15TH AND APRIL 29TH, 1936, REFERENCE A-MBS-CE AND A-DD-CE RESPECTIVELY, REQUESTING INFORMATION RELATIVE TO WHY IT IS PROPOSED TO PURCHASE ARTICLES OF PRINTED TAGS, LABELS, CERTIFICATES, ETC., FROM PRIVATE CONTRACTORS RATHER THAN PROCURING THEM FROM THE GOVERNMENT PRINTING OFFICE, YOU ARE INFORMED THAT THE PROCUREMENT DIVISION FOR A NUMBER OF YEARS HAS CONTRACTED FOR SUCH ITEMS OF TAGS AS ARE PRINTED IN THE COURSE OF MANUFACTURE, IT BEING FELT THAT THIS WAS IN ACCORDANCE WITH THE MEANING OF THE ACT TO WHICH YOU REFER.

IN DECISION OF SEPTEMBER 23, 1927, TO THE SECRETARY OF COMMERCE, A 19853, IT WAS STATED THAT IT HAD BEEN DECIDED BY THE JOINT COMMITTEE ON PRINTING UNDER THE AUTHORITY GRANTED THAT COMMITTEE BY SECTION 11 OF THE ACT OF MARCH 1, 1919, THAT BOOKS WHICH REQUIRED PRINTING, BINDING, OR RULING OPERATIONS FOR THEIR MANUFACTURE ARE BLANK BOOKS WITHIN THE MEANING OF THAT ACT, AND THAT SUCH BLANK BOOKS MUST BE PROCURED FROM THE PUBLIC PRINTER. DIARIES WERE HELD TO BE BLANK BOOKS WITHIN THIS DEFINITION BY DECISION OF SEPTEMBER 12, 1932, A-44339, AND IN 7 COMP. GEN. 712, IT WAS HELD THAT ALL SUCH BLANK BOOKS SHOULD BE PROCURED FROM THE PUBLIC PRINTER EVEN THOUGH OF A KIND KEPT IN STOCK BY DEALERS FOR SALE TO THE PUBLIC GENERALLY. (SEE, ALSO, 7 COMP. GEN. 411, 8 ID. 317.)

WITH RESPECT TO PRINTING AS DISTINGUISHED FROM BLANK BOOKS IT WAS HELD IN DECISION OF APRIL 17, 1928, A-22343, TO THE SECRETARY OF AGRICULTURE,THAT:

* * * IF, HOWEVER, AS STATED BY YOU, THE PRINTING IS NOT VARIED ACCORDING TO THE DESIRES OF THE PURCHASER BUT CONSISTS OF A RECOGNIZED STANDARD FORM AND IS CARRIED IN STOCK BY THE DEALERS AND SOLD TO THE PUBLIC GENERALLY, REQUIRING NO PRINTING OPERATION AFTER RECEIPT OF THE ORDER OR REQUISITION, THEY MAY BE PURCHASED AS ARTICLES OF STATIONERY OTHERWISE THAN FROM THE GOVERNMENT PRINTING OFFICE.

THE ABOVE DECISION IS APPLICABLE TO TAGS, AS WELL AS OTHER STOCK FORMS, IF THEY COME WITHIN THE LIMITATION THEREIN PRESCRIBED. HOWEVER, WITH RESPECT TO TAGS PRINTED ON ORDER IT WAS HELD IN 11 COMP. GEN. 136:

UNDER THE ACT OF MARCH 1, 1919, 40 STAT. 1270, IT IS MANDATORY THAT ALL PRINTING FOR EVERY EXECUTIVE DEPARTMENT OR OTHER GOVERNMENT ESTABLISHMENT BE DONE AT THE GOVERNMENT PRINTING OFFICE, EXCEPT SUCH PRINTING AS THE JOINT COMMITTEE ON PRINTING MAY AUTHORIZE TO BE PROCURED IN THE FIELD, FOR THE EXCLUSIVE USE OF A FIELD SERVICE. BY NECESSARY IMPLICATION SAID ACT PROHIBITS THE PROCUREMENT ELSEWHERE OF ANY PRINTING FOR THESE DEPARTMENTS OR ESTABLISHMENTS INCLUDING PRINTED TAGS FOR THE POSTAL SERVICE.

IT DOES NOT APPEAR THAT THE TAGS OR FORMS ABOVE LISTED FROM THE CONTRACTS REFERRED TO ARE SUCH AS ARE HELD FOR SALE TO THE PUBLIC GENERALLY WITHOUT REQUIRING ANY PRINTING AFTER RECEIPT OF THE REQUISITION. ACCORDINGLY, SUCH TAGS, AS WELL AS THE DIARIES AND CERTIFICATES COVERED BY SUCH CONTRACTS, CONSTITUTE PRINTING, BINDING OR BLANK-BOOK WORK WITHIN THE PURVIEW OF THE ACT OF MARCH 1, 1919, AND ARE FOR PROCUREMENT FROM OR THROUGH THE GOVERNMENT PRINTING OFFICE UNLESS AUTHORIZED BY THE PUBLIC PRINTER TO BE PROCURED ELSEWHERE IN ACCORDANCE WITH THE PROVISIONS OF SECTION 12 OF THE ACT OF JANUARY 12, 1895, AS AMENDED BY THE ACT OF JULY 8, 1935, 49 STAT. 459, 475, WHICH READ:

THE JOINT COMMITTEE ON PRINTING MAY PERMIT THE PUBLIC PRINTER TO AUTHORIZE ANY EXECUTIVE DEPARTMENT OR INDEPENDENT OFFICE OR ESTABLISHMENT OF THE GOVERNMENT TO PURCHASE DIRECT FOR ITS USE SUCH PRINTING, BINDING, AND BLANK-BOOK WORK, OTHERWISE AUTHORIZED BY LAW, AS THE GOVERNMENT PRINTING OFFICE IS NOT ABLE OR SUITABLY EQUIPPED TO EXECUTE OR AS MAY BE MORE ECONOMICALLY OR IN THE BETTER INTEREST OF THE GOVERNMENT EXECUTED ELSEWHERE; * * *.

NO FURTHER PURCHASES SHOULD BE MADE OR ORDERS PLACED UNDER THE CONTRACTS HEREIN MENTIONED WITH RESPECT TO ANY OF THE ITEMS HEREINBEFORE LISTED UNLESS AND UNTIL THERE BE PROCURED FROM THE PUBLIC PRINTER AN AUTHORIZATION FOR THE PURCHASE OF SUCH ARTICLES--- OTHERWISE THAN THROUGH THE GOVERNMENT PRINTING OFFICE, IN ACCORDANCE WITH THE ABOVE QUOTED STATUTE.

FINAL ACTION IN THE DISBURSING OFFICER'S ACCOUNTS ON ALL PAYMENTS UNDER SUCH CONTRACTS FOR THE LISTED ITEMS WILL BE SUSPENDED PENDING RECEIPT OF INFORMATION AS TO THE ACTION, IF ANY, TAKEN BY THE PUBLIC PRINTER UNDER THE AUTHORITY VESTED IN HIM UNDER THE SAID SECTION 12, AS AMENDED, WITH RESPECT THERETO.