A-88109, AUGUST 13, 1937, 17 COMP. GEN. 137

A-88109: Aug 13, 1937

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PROVIDING THAT WAR DEPARTMENT CONTRACTS INVOLVING MORE THAN $500 WHICH ARE NOT FOR PERFORMANCE WITHIN SIXTY DAYS. AS FOLLOWS: REFERENCE IS MADE TO THE ACT OF CONGRESS APPROVED MAY 29. WHICH READS AS FOLLOWS: "THAT HEREAFTER WHENEVER CONTRACTS IN EXCESS OF $500 IN AMOUNT WHICH ARE NOT TO BE PERFORMED WITHIN SIXTY DAYS. ARE MADE ON BEHALF OF THE GOVERNMENT BY THE SECRETARY OF WAR. DECISION IS REQUESTED AS TO WHETHER A COPY OF ALL CONTRACTS EXECUTED ON U.S. IS REQUIRED TO BE FILED IN THE RETURNS OFFICE IN ACCORDANCE WITH SECTION 3744. IT IS REQUESTED THAT THIS DECISION BE EXPEDITED. SINCE IT IS GERMANE TO ADMINISTRATIVE INSTRUCTIONS TO THE MILITARY SERVICE NOW BEING PREPARED. EARLY PUBLICATION OF WHICH IS NECESSARY.

A-88109, AUGUST 13, 1937, 17 COMP. GEN. 137

CONTRACTS - WAR DEPARTMENT - FILING IN RETURNS OFFICE THE ACT OF MAY 29, 1928, 45 STAT. 985, AS AMENDED, PROVIDING THAT WAR DEPARTMENT CONTRACTS INVOLVING MORE THAN $500 WHICH ARE NOT FOR PERFORMANCE WITHIN SIXTY DAYS, SHALL BE IN WRITING, DOES NOT EXEMPT SUCH CONTRACTS FROM THE PROVISIONS OF SECTION 3744, REVISED STATUTES, REQUIRING WAR DEPARTMENT CONTRACTS TO BE FILED IN THE RETURNS OFFICE.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF WAR, AUGUST 13, 1937:

THERE HAS BEEN RECEIVED YOUR LETTER OF AUGUST 3, 1937, AS FOLLOWS:

REFERENCE IS MADE TO THE ACT OF CONGRESS APPROVED MAY 29, 1928 (45 STAT. 985), AS AMENDED BY THE ACT APPROVED JUNE 21, 1930 (46 STAT. 796; U.S.C. 5:219), WHICH READS AS FOLLOWS:

"THAT HEREAFTER WHENEVER CONTRACTS IN EXCESS OF $500 IN AMOUNT WHICH ARE NOT TO BE PERFORMED WITHIN SIXTY DAYS, ARE MADE ON BEHALF OF THE GOVERNMENT BY THE SECRETARY OF WAR, OR BY OFFICERS AUTHORIZED BY HIM TO MAKE THEM, SUCH CONTRACTS SHALL BE REDUCED TO WRITING AND SIGNED BY THE CONTRACTING PARTIES. IN ALL OTHER CASES CONTRACTS SHALL BE ENTERED INTO UNDER SUCH REGULATIONS AS MAY BE PRESCRIBED BY THE SECRETARY OF WAR.'

DECISION IS REQUESTED AS TO WHETHER A COPY OF ALL CONTRACTS EXECUTED ON U.S. STANDARD FORM NO. 33, WHEN USED IN THE CASES REFERRED TO IN THE FIRST SENTENCE OF THE ACT AS QUOTED ABOVE, IS REQUIRED TO BE FILED IN THE RETURNS OFFICE IN ACCORDANCE WITH SECTION 3744, REVISED STATUTES.

IT IS REQUESTED THAT THIS DECISION BE EXPEDITED, SINCE IT IS GERMANE TO ADMINISTRATIVE INSTRUCTIONS TO THE MILITARY SERVICE NOW BEING PREPARED, EARLY PUBLICATION OF WHICH IS NECESSARY.

THERE APPEARS TO BE NOTHING IN THE LAW CITED AND QUOTED IN YOUR LETTER EITHER IN SPECIFIC TERMS OR BY NECESSARY IMPLICATION EXEMPTING THE CONTRACTS IN QUESTION FROM THE REQUIREMENTS OF SECTION 3744, REVISED STATUTES, AND IN THE CIRCUMSTANCES IN SPECIFIC ANSWER TO THE QUESTION SUBMITTED I HAVE TO ADVISE THAT COPIES OF SAID CONTRACTS WHETHER ON UNITED STATES STANDARD FORM NO. 33 OR OTHER FORM ARE REQUIRED TO BE FILED IN THE RETURNS OFFICE IN ACCORDANCE WITH THE PROVISIONS OF SAID SECTION 3744. COMP. GEN. 144. IT MAY BE ADDED IT IS UNDERSTOOD SUCH HAS BEEN THE PROCEDURE IN THE PAST AND SINCE ENACTMENT OF THE ACT OF 1928-30, AND NO REASON APPEARS FOR NOW QUESTIONING.