A-98139, NOVEMBER 9, 1938, 18 COMP. GEN. 426

A-98139: Nov 9, 1938

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IS PERMANENT LEGISLATION AND IS NOT LIMITED IN ITS OPERATION TO APPROPRIATIONS FOR THE GOVERNMENT PRINTING OFFICE OR TO PRINTING DONE THERE. MAY NOT BE CONTRACTED FOR UNDER THE LAW AND THE APPLICABLE REGULATIONS OF THE JOINT COMMITTEE ON PRINTING UNLESS AND UNTIL THERE SHALL HAVE BEEN OBTAINED THE CERTIFICATE OF THE HEAD OF THE FEDERAL AGENCY CONCERNED. 1938: THERE IS FOR CONSIDERATION IN THE AUDIT D.O. SPECIFICATIONS FOR ENGRAVINGS WILL BE GIVEN IN A SEPARATE SECTION. 4. A LETTER WAS ADDRESSED TO THE COMMISSIONER OF RECLAMATION. AS FOLLOWS: IT IS NOTED FROM THE SPECIFICATIONS * * * THAT THE BULLETINS WILL CONTAIN ILLUSTRATIONS AND ATTENTION IS INVITED TO THE ACT OF MARCH 3. * * * UNTIL THE HEAD OF THE EXECUTIVE DEPARTMENT OR GOVERNMENT ESTABLISHMENT SHALL CERTIFY IN A LETTER TRANSMITTING SUCH REPORT THAT THE ILLUSTRATION IS NECESSARY AND RELATES ENTIRELY TO THE TRANSACTION OF PUBLIC BUSINESS.'.

A-98139, NOVEMBER 9, 1938, 18 COMP. GEN. 426

PRINTING AND BINDING - ILLUSTRATIONS, ENGRAVINGS, AND PHOTOGRAPHS - APPLICABILITY OF RESTRICTIVE LEGISLATION TO COMMERCIAL FIELD PRINTING THE ACT OF MARCH 3, 1905, 33 STAT. 1213, PROHIBITING THE USE OF PRINTING AND BINDING APPROPRIATIONS FOR ILLUSTRATIONS, ENGRAVINGS, OR PHOTOGRAPHS EXCEPT UPON THE CONDITIONS OUTLINED THEREIN, IS PERMANENT LEGISLATION AND IS NOT LIMITED IN ITS OPERATION TO APPROPRIATIONS FOR THE GOVERNMENT PRINTING OFFICE OR TO PRINTING DONE THERE, AND HEREAFTER COMMERCIAL FIELD PRINTING INVOLVING ILLUSTRATIONS, ETC., MAY NOT BE CONTRACTED FOR UNDER THE LAW AND THE APPLICABLE REGULATIONS OF THE JOINT COMMITTEE ON PRINTING UNLESS AND UNTIL THERE SHALL HAVE BEEN OBTAINED THE CERTIFICATE OF THE HEAD OF THE FEDERAL AGENCY CONCERNED, AS REQUIRED BY THE PROHIBITORY STATUTE.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE INTERIOR, NOVEMBER 9, 1938:

THERE IS FOR CONSIDERATION IN THE AUDIT D.O. VOUCHER NO. 1437202, IN THE MARCH, 1938, ACCOUNTS OF G. F. ALLEN, CHECK SYMBOL 66-401, IN THE SUM OF $3,664, IN FAVOR OF PEERLESS PRINTING CO., UNDER CONTRACT NO. 12R-8317, DATED FEBRUARY 14, 1938, COVERING 4,000 PAPER-BOUND COPIES AND 2,000 CLOTH -BOUND COPIES OF TWO BULLETINS FURNISHED THE BUREAU OF RECLAMATION, DENVER, COLO., DURING THE PERIOD MARCH 4 TO 10, 1938.

THE CONTRACT SPECIFICATIONS PROVIDE, IN PART, AS FOLLOWS:

2. SCOPE OF CONTRACT.--- THE CONTRACTOR SHALL FURNISH ALL ENGRAVINGS AND COMPOSE ALL TYPE REQUIRED TO PRINT THE TEXT, TABLES, TITLES OF ALL REPRODUCTIONS OF PHOTOGRAPHS, TITLES ON FRONT AND BACKBONE OF COVER, AND TITLES OF ALL DRAWINGS REQUIRING PRINTED TITLES AS INDICATED ON THE CUT DUMMY, IN THE STYLE OF TYPE AND SIZES HEREINAFTER SPECIFIED; AND SHALL PRINT, ASSEMBLE, BIND, AND DELIVER THE BULLETINS AS FURTHER SPECIFIED. SPECIFICATIONS FOR ENGRAVINGS WILL BE GIVEN IN A SEPARATE SECTION.

4. MATERIALS.--- TEXT, ILLUSTRATIONS, AND TABLES, EXCEPT INSERTS, SHALL BE PRINTED ON A STANDARD GRADE OF WHITE, HIGH-GLOSS ENAMELED BOOK PAPER, *

7. FIGURES.--- COPPER HALF-TONE CUTS OF ALL PHOTOGRAPHS AND ZINC ETCHINGS OF SINGLE-PAGE LINE CUTS SHALL BE FURNISHED BY THE CONTRACTOR. * * *"

THE ENGRAVING SPECIFICATIONS REFER TO THE REQUIREMENTS IN CONNECTION WITH ENGRAVINGS, PHOTOGRAPHS, PLATES, DRAWINGS, ZINC ETCHINGS, PHOTOLITHO REPRODUCTIONS, AND HALF-TONE CUTS, ETC.

AS THE SPECIFICATIONS THUS INDICATED THAT THE BULLETINS WOULD CONTAIN ILLUSTRATIONS, UNDER DATE OF JULY 26, 1938, A LETTER WAS ADDRESSED TO THE COMMISSIONER OF RECLAMATION, IN PART, AS FOLLOWS:

IT IS NOTED FROM THE SPECIFICATIONS * * * THAT THE BULLETINS WILL CONTAIN ILLUSTRATIONS AND ATTENTION IS INVITED TO THE ACT OF MARCH 3, 1905, 33 STAT. 1213, WHICH PROVIDES THAT "* * * NO PART OF THE APPROPRIATIONS MADE FOR PRINTING AND BINDING SHALL BE USED FOR ANY ILLUSTRATION, * * * UNTIL THE HEAD OF THE EXECUTIVE DEPARTMENT OR GOVERNMENT ESTABLISHMENT SHALL CERTIFY IN A LETTER TRANSMITTING SUCH REPORT THAT THE ILLUSTRATION IS NECESSARY AND RELATES ENTIRELY TO THE TRANSACTION OF PUBLIC BUSINESS.' SUCH CERTIFICATION IS THEREFORE REQUESTED. 16 COMP. GEN. 695.

THE REPLY OF AUGUST 10, 1938, IS, IN PART, AS FOLLOWS:

THE LAW REFERENCES STATED IN THE SECOND PARAGRAPH OF THE ABOVE MENTIONED LETTER UNQUESTIONABLY APPLIES WHEN THE PUBLIC PRINTER PERFORMS THE WORK OF PRINTING AND BINDING. IN THE INSTANT CASE THE PUBLIC PRINTER DID NOT PERFORM THE WORK. THE JOB WAS PERFORMED UNDER REGULATIONS PRESCRIBED BY THE "JOINT COMMITTEE ON PRINTING" FOR FIELD PRINTING, AND THERE WAS NO OCCASION FOR THE HEAD OF THE DEPARTMENT TO "CERTIFY IN A LETTER TRANSMITTING SUCH REPORT TO THE PUBLIC PRINTER THAT THE ILLUSTRATIONS WERE NECESSARY AND RELATE ENTIRELY TO THE TRANSACTION OF PUBLIC BUSINESS.'

SECTION 111, U.S.C. TITLE 44, PROVIDES IN PART THAT "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," ALL PRINTING AND BINDING SHALL BE DONE AT THE GOVERNMENT PRINTING OFFICE. THE WORK CONTEMPLATED BY CONTRACT 12R-8317 WAS NECESSARY TO BE DONE ELSEWHERE THAN IN THE DISTRICT OF COLUMBIA AND WAS DONE UNDER REGULATIONS PROMULGATED BY THE JOINT COMMITTEE ON PRINTING FOR FIELD PRINTING IN WHICH MAPS, LITHOGRAPHY, PHOTOLITHOGRAPHY, AND SIMILAR PROCESSES OR REPRODUCTIONS ARE ALLOWED PROVIDING IT IS USED TO ILLUSTRATE PRINTED MATTER IN WHICH CASE THE COST OF THE ILLUSTRATIONS, ETC., SHALL BE INCLUDED IN THE COST OF PRINTING. THE SECRETARY OF THE INTERIOR IS NOT REQUIRED TO SIGN.

APPARENTLY THE CONTENTION THAT THE ACT OF MARCH 3, 1905, 33 STAT. 1213, SUPRA, APPLIES ONLY WHEN THE PUBLIC PRINTER PERFORMS THE WORK OF PRINTING AND BINDING IS BASED ON THE FACT THAT THE CITED PROVISION OCCURS IN AN ACT MAKING APPROPRIATIONS FOR EXPENSES OF THE GOVERNMENT PRINTING OFFICE, THE LEGISLATIVE PRACTICE AT THAT TIME BEING TO INCLUDE IN THE APPROPRIATIONS FOR THE GOVERNMENT PRINTING OFFICE SUFFICIENT FUNDS FOR THE USUAL COST OF PRINTING AND BINDING FOR THE VARIOUS DEPARTMENTS. HOWEVER, THAT PRACTICE WAS DISCONTINUED SEVERAL YEARS AGO, AND THE APPROPRIATION ACTS FOR THE FISCAL YEAR 1938 FOR THE SEVERAL DEPARTMENTS CONTAIN SEPARATE PROVISIONS FOR PRINTING AND BINDING AND UNDER THE ACT OF MAY 18, 1937, 50 STAT. 169, 185, IT IS PROVIDED THAT WHEN SUCH WORK IS DONE BY THE GOVERNMENT PRINTING OFFICE EACH DEPARTMENT OR ESTABLISHMENT MUST PAY PROMPTLY TO THE PUBLIC PRINTER THE COST THEREOF.

THE CITED ACT OF 1905 (44 U.S.C.A. 118) PROVIDES AS FOLLOWS:

* * * HEREAFTER NO PART OF THE APPROPRIATIONS MADE FOR PRINTING AND BINDING SHALL BE USED FOR ANY ILLUSTRATION, ENGRAVING, OR PHOTOGRAPH IN ANY DOCUMENT OR REPORT ORDERED PRINTED BY CONGRESS UNLESS THE ORDER TO PRINT EXPRESSLY AUTHORIZES THE SAME, NOR IN ANY DOCUMENT OR REPORT OF ANY EXECUTIVE DEPARTMENT OR OTHER GOVERNMENT ESTABLISHMENT UNTIL THE HEAD OF THE EXECUTIVE DEPARTMENT OR GOVERNMENT ESTABLISHMENT SHALL CERTIFY IN A LETTER TRANSMITTING SUCH REPORT THAT THE ILLUSTRATION IS NECESSARY AND RELATES ENTIRELY TO THE TRANSACTION OF PUBLIC BUSINESS.

SAID PROVISION IS PERMANENT LEGISLATION AND IS NOT LIMITED IN ITS OPERATION TO APPROPRIATIONS FOR THE GOVERNMENT PRINTING OFFICE OR TO PRINTING DONE AT THE GOVERNMENT PRINTING OFFICE.

REGULATIONS OF THE JOINT COMMITTEE ON PRINTING RELATIVE TO PERIODICALS AND FIELD PRINTING, EFFECTIVE JULY 1, 1937, FOR THE FISCAL YEAR 1938, PROVIDE, IN PART, AS FOLLOWS:

2. FIELD PRINTING.--- THE TERM "FIELD PRINTING" AS USED IN THESE REGULATIONS SHALL BE CONSTRUED TO MEAN ALL PRINTING, BINDING, AND BLANK- BOOK WORK ACCOMPLISHED OR PROCURED ELSEWHERE THAN AT THE GOVERNMENT PRINTING OFFICE IN WASHINGTON.

38. ILLUSTRATIONS.--- NO ILLUSTRATIONS SHALL BE PUBLISHED UNLESS THEY ARE NECESSARY AND RELATE ENTIRELY TO THE TRANSACTION OF THE PUBLIC BUSINESS. (SEE SEC. 118, TITLE 44, U.S.C.)

FIELD PRINTING

56. GENERAL.--- NO FIELD PRINTING, AS DEFINED IN PARAGRAPH 2 OF THESE REGULATIONS, SHALL BE DONE WHOLLY OR IN PART AT GOVERNMENT EXPENSE UNLESS AUTHORIZED BY THE JOINT COMMITTEE ON PRINTING IN ACCORDANCE WITH SECTION 111, TITLE 44, U.S.C. (SEE P. IV), AND ENUMERATED IN TITLE II OF THESE REGULATIONS: PROVIDED, THAT THIS PROVISION SHALL NOT APPLY TO MAP MAKING, LITHOGRAPHY, PHOTOLITHOGRAPHY, AND SIMILAR PROCESSES OF REPRODUCTION IN GOVERNMENT PLANTS ALREADY EQUIPPED FOR SUCH WORK, UNLESS THE PRODUCT THEREOF IS USED TO ILLUSTRATE PRINTED MATTER, IN WHICH EVENT THE COST OF THE ILLUSTRATIONS SHALL BE INCLUDED IN THE COST OF PRINTING, * * *

101. THAT THE DEPARTMENTS HEREINAFTER MENTIONED ARE AUTHORIZED TO PROCURE SUCH FIELD PRINTING, AS DEFINED IN PARAGRAPH 2 OF THESE REGULATIONS (INCLUDING TABULATING-MACHINE CARDS AND BLANK BOOKS), AS MAY BE IMPRACTICABLE TO HAVE DONE AT THE GOVERNMENT PRINTING OFFICE AND NECESSARY FOR THE EXCLUSIVE USE OF ANY FIELD SERVICE OUTSIDE OF SAID DISTRICT, PROVIDED THE SAME IS WITHIN THE LIMITATIONS OF AVAILABLE APPROPRIATIONS FOR PRINTING AND THE REGULATIONS OF THIS COMMITTEE, AND THE RESPONSIBLE OFFICER IN THE FIELD UNDER WHOSE AUTHORITY SUCH PRINTING IS PURCHASED OR OBTAINED SHALL CERTIFY, IN SUCH MANNER AS MAY BE PRESCRIBED BY THE COMPTROLLER GENERAL, WITH RESPECT TO EACH JOB PROCURED FROM COMMERCIAL SOURCES, THAT IN HIS OPINION SUCH WORK WAS URGENT OR NECESSARY TO HAVE DONE ELSEWHERE THAN IN THE DISTRICT OF COLUMBIA FOR THE EXCLUSIVE USE OF THAT FIELD SERVICE, AS FOLLOWS:

DEPARTMENT OF THE INTERIOR

119. EMERGENCY FUNDS.--- FOR THE FISCAL YEAR 1938, NOT TO EXCEED$15,000.

ON THE REVERSE SIDE OF THE VOUCHER REFERRED TO IN THE FIRST PARAGRAPH HEREOF THERE APPEARS A CERTIFICATE SIGNED BY THE CHIEF CLERK, DENVER OFFICE, AS FOLLOWS:

I HEREBY CERTIFY AS RESPONSIBLE OFFICER IN THE FIELD THAT THE PRINTING AND BINDING COVERED BY THIS VOUCHER WERE, IN MY OPINION, URGENT OR NECESSARY TO HAVE DONE ELSEWHERE THAN IN THE DISTRICT OF COLUMBIA FOR THE EXCLUSIVE USE OF A FIELD OFFICE OF THIS DEPARTMENT, AND THAT IT IS OF THE CLASS AND WITHIN THE LIMITATION SPECIFIED IN PARAGRAPH 119 OF THE REGULATIONS OF THE JOINT COMMITTEE ON PRINTING, OR IN THE SPECIAL AUTHORIZATION OF THE COMMITTEE, A COPY OF WHICH AUTHORIZATION IS ATTACHED HERETO.

NO COPY OF A "SPECIAL AUTHORIZATION OF THE COMMITTEE" WAS ATTACHED TO THE VOUCHER. IF THERE WAS SUCH A SPECIAL AUTHORIZATION A COPY THEREOF SHOULD BE FILED IN THIS OFFICE.

THE CONTENTION THAT NO CERTIFICATE BY THE HEAD OF THE DEPARTMENT IS NECESSARY IN THIS CASE IS NOT SUPPORTED BY THE LAW AND REGULATIONS ABOVE QUOTED. SEE PARAGRAPH 56 OF THE REGULATIONS, SUPRA. THE REGULATIONS DO NOT ENUMERATE "ILLUSTRATIONS" UNDER THE AUTHORIZATIONS FOR FIELD PRINTING, NOR DOES THE PROVISO IN PARAGRAPH 56 OF THE REGULATIONS APPEAR TO EXEMPT ILLUSTRATIONS SUCH AS HERE UNDER CONSIDERATION FROM THE REQUIREMENT OF THE ACT OF MARCH 3, 1905, SUPRA, NOR DOES IT EXEMPT ANY OTHER ILLUSTRATIONS UNLESS THE WORK IS DONE IN A GOVERNMENT PLANT EQUIPPED FOR SUCH WORK, AND THE PRODUCT THEREOF WILL NOT BE USED TO ILLUSTRATE PRINTED MATTER.

ON THE PRESENT RECORD CREDIT FOR THE PAYMENT MADE ON THE VOUCHER IS NOT AUTHORIZED. HOWEVER, IN VIEW OF THE FACT THAT THE ACTION OF THE FIELD OFFICE WAS TAKEN IN APPARENT GOOD FAITH, CREDIT FOR THE PAYMENT, IF OTHERWISE PROPER, WILL BE ALLOWED UPON THE FILING OF A CERTIFICATE, SIGNED BY THE SECRETARY OF THE INTERIOR, TO THE EFFECT THAT THE ILLUSTRATIONS WERE NECESSARY AND DID RELATE ENTIRELY TO THE TRANSACTION OF PUBLIC BUSINESS. SEE 16 COMP. GEN. 695, AND A-83382, MARCH 3, 1937.

HEREAFTER, SUCH CONTRACTS AS THE ONE HERE INVOLVED SHOULD NOT BE ENTERED INTO UNLESS AND UNTIL THE CERTIFICATE BY THE SECRETARY OF THE INTERIOR, AS REQUIRED BY THE CONTROLLING STATUTE, SHALL HAVE BEEN MADE.