A-87479, JULY 23, 1937, 17 COMP. GEN. 52

A-87479: Jul 23, 1937

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CONTRACTS - COMMERCIAL MESSENGER SERVICE - CIVIL SERVICE LAWS AND CLASSIFICATION ACT - PERSONNEL EXEMPTION THE SERVICES OF MESSENGERS ARE PERSONAL SERVICES REQUIRED TO BE PERFORMED BY REGULAR EMPLOYEES OF THE GOVERNMENT ENGAGED BY DIRECT HIRE AND SHOULD NOT BE PROCURED BY THE UNITED STATES EMPLOYMENT SERVICE THROUGH CONTRACTS WITH PRIVATE INDIVIDUALS OR CONCERNS TO FURNISH PERSONNEL WHICH THEY MAY SELECT FOR SUCH SERVICES. NOTWITHSTANDING THE EMPLOYMENT SERVICE IS SPECIFICALLY EXEMPTED FROM THE PROVISIONS OF THE CIVIL SERVICE LAWS AND REGULATIONS AND THE CLASSIFICATION ACT. 1937: THERE HAVE BEEN RESUBMITTED FOR AUDIT IN ADVANCE OF PAYMENT VOUCHERS OF THE UNITED STATES EMPLOYMENT SERVICE. WHEN FIRST SUBMITTED THE VOUCHERS WERE RETURNED WITHOUT CERTIFICATION FOR THE REASON THAT MESSENGER SERVICE IS A PERSONAL SERVICE REQUIRED TO BE PERFORMED BY THE PERSONNEL OF THE PARTICULAR FEDERAL AGENCY.

A-87479, JULY 23, 1937, 17 COMP. GEN. 52

CONTRACTS - COMMERCIAL MESSENGER SERVICE - CIVIL SERVICE LAWS AND CLASSIFICATION ACT - PERSONNEL EXEMPTION THE SERVICES OF MESSENGERS ARE PERSONAL SERVICES REQUIRED TO BE PERFORMED BY REGULAR EMPLOYEES OF THE GOVERNMENT ENGAGED BY DIRECT HIRE AND SHOULD NOT BE PROCURED BY THE UNITED STATES EMPLOYMENT SERVICE THROUGH CONTRACTS WITH PRIVATE INDIVIDUALS OR CONCERNS TO FURNISH PERSONNEL WHICH THEY MAY SELECT FOR SUCH SERVICES, NOTWITHSTANDING THE EMPLOYMENT SERVICE IS SPECIFICALLY EXEMPTED FROM THE PROVISIONS OF THE CIVIL SERVICE LAWS AND REGULATIONS AND THE CLASSIFICATION ACT.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF LABOR, JULY 23, 1937:

THERE HAVE BEEN RESUBMITTED FOR AUDIT IN ADVANCE OF PAYMENT VOUCHERS OF THE UNITED STATES EMPLOYMENT SERVICE, NO. 17079 AND NO. 17082 IN FAVOR OF THE POSTAL TELEGRAPH-CABLE CO., WASHINGTON, D.C., IN THE AMOUNTS OF $92.25 AND $49.95, AND NO. 17086 IN FAVOR OF THE WESTERN UNION TELEGRAPH CO. FOR $231.39 FOR MESSENGER SERVICE RENDERED DURING THE MONTHS OF MARCH AND APRIL 1937, CONSISTING OF NUMEROUS TRIPS TO VARIOUS ADDRESSES THROUGHOUT THE DISTRICT OF COLUMBIA AT 9 CENTS A MESSAGE. WHEN FIRST SUBMITTED THE VOUCHERS WERE RETURNED WITHOUT CERTIFICATION FOR THE REASON THAT MESSENGER SERVICE IS A PERSONAL SERVICE REQUIRED TO BE PERFORMED BY THE PERSONNEL OF THE PARTICULAR FEDERAL AGENCY. WHEN RETURNED THEY WERE ACCOMPANIED BY A REPLY DATED JUNE 23, 1937, FROM W. W. HOUSE, PRINCIPAL CLERK, STATING---

* * * THE U.S. EMPLOYMENT SERVICE IS SPECIFICALLY EXEMPTED FROM THE PROVISIONS OF THE CIVIL SERVICE LAWS AND REGULATIONS AS WELL AS THE CLASSIFICATION ACT (SEE ACT OF CONGRESS APPROVED JUNE 6, 1933, PUBLIC NO. 30, 73RD CONGRESS).

SECTION 2 OF THE ACT OF JUNE 6, 1933, 48 STAT. 114, PROVIDES:

THE SECRETARY OF LABOR IS AUTHORIZED, WITHOUT REGARD TO THE CIVIL SERVICE LAWS, TO APPOINT AND, WITHOUT REGARD TO THE CLASSIFICATION ACT OF 1923, AS AMENDED, TO FIX THE COMPENSATION OF ONE OR MORE ASSISTANT DIRECTORS AND SUCH OTHER OFFICERS, EMPLOYEES, AND ASSISTANTS, AND TO MAKE SUCH EXPENDITURES (INCLUDING EXPENDITURES FOR PERSONAL SERVICES * * *) AS MAY BE NECESSARY TO CARRY OUT THE PROVISIONS OF THIS ACT. * * *

THE SERVICES OF MESSENGERS ARE PERSONAL SERVICES AND, IRRESPECTIVE OF THE REQUIREMENT OF COMPLIANCE WITH THE CIVIL SERVICE LAWS OR THE CLASSIFICATION ACT, AS AMENDED, IT HAS LONG BEEN THE ESTABLISHED RULE THAT SUCH SERVICES ARE FOR PERFORMANCE BY REGULAR EMPLOYEES OF THE GOVERNMENT ENGAGED BY DIRECT HIRE RATHER THAN FOR CONTRACTING WITH PRIVATE INDIVIDUALS OR CONCERNS TO FURNISH PERSONNEL WHICH THEY MAY SELECT FOR SUCH SERVICE. 4 COMP. GEN. 615; 6 ID. 828. A-44139, OCTOBER 3, 1932; A- 82710, JANUARY 6, 1937; AND A-86440, JUNE 2, 1937, 16 COMP. GEN. 1049.

AS THE SERVICES HERE IN QUESTION HAVE BEEN RENDERED UNDER CONDITIONS CONSTITUTING CONTRACTS TO PAY THE RESPECTIVE COMPANIES AT THE AGREED RATE, THE VOUCHERS WILL BE CERTIFIED FOR PAYMENT AND RETURNED THROUGH THE USUAL CHANNELS, HOWEVER, THE MATTER IS BROUGHT TO YOUR ATTENTION FOR THE TAKING OF SUCH APPROPRIATE ADMINISTRATIVE ACTION AS MAY BE REQUIRED TO CORRECT THE OBJECTIONABLE PRACTICE.