B-105381, OCTOBER 5, 1951, 31 COMP. GEN. 124

B-105381: Oct 5, 1951

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ARE NOT REQUIRED TO BE ACCOMPANIED BY WRITTEN QUOTATIONS IN CASES WHERE THE QUOTATIONS ARE SOLICITED MERELY FROM A RANDOM SELECTION OF FIRMS AND ADVERTISING AS REQUIRED BY LAW IS NOT USED AS A METHOD OF SECURING BIDS. 27 COMP. WHERE OPEN-MARKET PURCHASES NOT IN EXCESS OF $500 ARE NOT BASED UPON QUOTATIONS PRIOR TO PURCHASE IT IS SUFFICIENT THAT THE PAYMENT VOUCHERS BE ACCOMPANIED BY THE SIMPLIFIED VENDOR'S CERTIFICATE APPROVED BY THE COMPTROLLER GENERAL MAY 1. WHICH ELIMINATES THE REQUIREMENT OF A CERTIFICATE BY THE VENDOR THAT THE PRICES CLAIMED ARE NOT IN EXCESS OF THOSE CHARGED THE GENERAL PUBLIC. 1951: REFERENCE IS MADE TO YOUR LETTER OF AUGUST 29. THERE WAS CONSIDERED PRIMARILY THE SUFFICIENCY OF THE INFORMATION ACCOMPANYING A VOUCHER FOR PAYMENT OF SUPPLIES IN AN AMOUNT WHICH WAS NOT SUFFICIENT TO HAVE REQUIRED FORMAL ADVERTISING FOR BIDS IN ACCORDANCE WITH SECTION 3709.

B-105381, OCTOBER 5, 1951, 31 COMP. GEN. 124

CONTRACTS - OPEN-MARKET PURCHASES - SUPPORTING EVIDENCE VOUCHERS REPRESENTING OPEN-MARKET PURCHASES NOT IN EXCESS OF $500 MADE PURSUANT TO THE EXEMPTION FROM ADVERTISING UNDER SECTION 3709, REVISED STATUTES, ARE NOT REQUIRED TO BE ACCOMPANIED BY WRITTEN QUOTATIONS IN CASES WHERE THE QUOTATIONS ARE SOLICITED MERELY FROM A RANDOM SELECTION OF FIRMS AND ADVERTISING AS REQUIRED BY LAW IS NOT USED AS A METHOD OF SECURING BIDS. 27 COMP. GEN. 73, MODIFIED. WHERE OPEN-MARKET PURCHASES NOT IN EXCESS OF $500 ARE NOT BASED UPON QUOTATIONS PRIOR TO PURCHASE IT IS SUFFICIENT THAT THE PAYMENT VOUCHERS BE ACCOMPANIED BY THE SIMPLIFIED VENDOR'S CERTIFICATE APPROVED BY THE COMPTROLLER GENERAL MAY 1, 1950, 29 COMP. GEN. 574, WHICH ELIMINATES THE REQUIREMENT OF A CERTIFICATE BY THE VENDOR THAT THE PRICES CLAIMED ARE NOT IN EXCESS OF THOSE CHARGED THE GENERAL PUBLIC.

ACTING COMPTROLLER GENERAL YATES TO THE ADMINISTRATOR OF VETERANS AFFAIRS, OCTOBER 5, 1951:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 29, 1951, RELATIVE TO THE STATEMENTS AND PAPERS WHICH SHOULD ACCOMPANY VOUCHERS COVERING PURCHASES OF SUPPLIES IN AMOUNTS NOT EXCEEDING $500, AND WITH PARTICULAR REFERENCE TO THE MATTER CONSIDERED IN THE NEXT TO THE LAST PARAGRAPH OF OFFICE DECISION OF AUGUST 11, 1947, 27 COMP. GEN. 73.

IN THE DECISION OF AUGUST 11, 1947, THERE WAS CONSIDERED PRIMARILY THE SUFFICIENCY OF THE INFORMATION ACCOMPANYING A VOUCHER FOR PAYMENT OF SUPPLIES IN AN AMOUNT WHICH WAS NOT SUFFICIENT TO HAVE REQUIRED FORMAL ADVERTISING FOR BIDS IN ACCORDANCE WITH SECTION 3709, REVISED STATUTES, AS AMENDED, 41 U.S.C. 5, BUT THE PAPERS ACCOMPANYING THE VOUCHER INDICATED THAT PROPOSALS IN FACT WERE SOLICITED THROUGH ADVERTISING. IT WAS HELD, THEREFORE, THAT THE WRITTEN BID OR BIDS RECEIVED IN RESPONSE TO SUCH ADVERTISING SHOULD BE ATTACHED TO THE VOUCHER. HOWEVER, THE FACTS RECITED IN YOUR LETTER DO NOT EMBRACE ANY CASES WHERE ADVERTISING AS REQUIRED BY LAW, GENERALLY WAS USED AS A METHOD OF SECURING BIDS. THEY APPEAR TO PERTAIN MERELY TO CASES WHERE QUOTATIONS WERE SOLICITED FROM A RANDOM SELECTION OF FIRMS. ACCORDINGLY, THE WRITTEN QUOTATIONS AS DESCRIBED IN YOUR LETTER NEED NOT ACCOMPANY VOUCHERS COVERING OPEN-MARKET PURCHASES NOT IN EXCESS OF $500 MADE PURSUANT TO THE EXEMPTION FROM ADVERTISING UNDER SECTION 3709, REVISED STATUTES.

WITH RESPECT TO YOUR QUESTION AS TO WHETHER,"IN VIEW OF THE CONDENSED AND SIMPLIFIED VENDOR'S CERTIFICATE PRESCRIBED FOR USE IN DECISION A-51607, A- 49009 DATED MAY 1, 1950," VOUCHERS COVERING OPEN MARKET PURCHASES NOT BASED ON QUOTATIONS PRIOR TO PURCHASE, SHOULD STILL BE SUPPORTED BY A VENDOR'S CERTIFICATE THAT THE PRICES CLAIMED ARE NOT IN EXCESS OF THOSE CHARGED THE GENERAL PUBLIC, YOU ARE ADVISED THAT THE SIMPLIFIED VENDOR'S CERTIFICATE AS APPROVED IN THE DIRECTIVE OF MAY 1, 1950, 29 COMP. GEN. 574, WILL BE CONSIDERED AS SUFFICIENT.

TO THE EXTENT THAT THE FOREGOING IS IN CONFLICT WITH THE DECISION IN 27 COMP. GEN. 73, THE SAME IS HEREBY MODIFIED.