B-107646, FEBRUARY 8, 1952, 31 COMP. GEN. 365

B-107646: Feb 8, 1952

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CONTRACTS - RENEGOTIATION ACT OF 1951 - GOVERNMENT PRINTING OFFICE CONTRACTS SUBJECT TO RENEGOTIATION UNDER THE RENEGOTIATION ACT OF 1951 ARE LIMITED TO AGENCIES NAMED IN SECTION 103 (A) OF THE ACT AND TO OTHER AGENCIES IN THE EXECUTIVE BRANCH OF THE GOVERNMENT DESIGNATED BY THE PRESIDENT PURSUANT TO SAID SECTION. A PART OF THE LEGISLATIVE BRANCH OF THE GOVERNMENT WHICH WAS NOT SPECIFICALLY NAMED IN THE ACT NOR WITHIN THE PRESIDENTIAL DESIGNATION PROVISION THEREOF. ARE NOT SUBJECT TO THE RENEGOTIATION ACT OF 1951. 1952: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 21. ADVISING THAT INQUIRIES HAVE BEEN RECEIVED FROM SEVERAL CONTRACTORS CONCERNING APPLICABILITY OF THE RENEGOTIATION ACT OF 1951 TO CONTRACTS PLACED WITH THEM BY THE GOVERNMENT PRINTING OFFICE.

B-107646, FEBRUARY 8, 1952, 31 COMP. GEN. 365

CONTRACTS - RENEGOTIATION ACT OF 1951 - GOVERNMENT PRINTING OFFICE CONTRACTS SUBJECT TO RENEGOTIATION UNDER THE RENEGOTIATION ACT OF 1951 ARE LIMITED TO AGENCIES NAMED IN SECTION 103 (A) OF THE ACT AND TO OTHER AGENCIES IN THE EXECUTIVE BRANCH OF THE GOVERNMENT DESIGNATED BY THE PRESIDENT PURSUANT TO SAID SECTION, AND THEREFORE, CONTRACTS ENTERED INTO BY THE GOVERNMENT PRINTING OFFICE, A PART OF THE LEGISLATIVE BRANCH OF THE GOVERNMENT WHICH WAS NOT SPECIFICALLY NAMED IN THE ACT NOR WITHIN THE PRESIDENTIAL DESIGNATION PROVISION THEREOF, ARE NOT SUBJECT TO THE RENEGOTIATION ACT OF 1951.

COMPTROLLER GENERAL WARREN TO THE PUBLIC PRINTER, FEBRUARY 8, 1952:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 21, 1952, ADVISING THAT INQUIRIES HAVE BEEN RECEIVED FROM SEVERAL CONTRACTORS CONCERNING APPLICABILITY OF THE RENEGOTIATION ACT OF 1951 TO CONTRACTS PLACED WITH THEM BY THE GOVERNMENT PRINTING OFFICE, AND SUBMITTING FOR DECISION QUESTIONS AS FOLLOWS:

1. ARE CONTRACTS MADE BY THE GOVERNMENT PRINTING OFFICE SUBJECT TO THE RENEGOTIATION ACT OF 1951?

2. DOES THE RENEGOTIATION ACT OF 1951 APPLY TO ALL CONTRACTS, WHETHER MADE BY NEGOTIATION OR AS THE RESULT OF COMPETITIVE BIDS?

3. IS THE AGGREGATE AMOUNT OF $250,000, AS STATED IN THE RENEGOTIATION ACT MADE UP ONLY OF MONIES RECEIVED FROM A SINGLE AGENCY?

4. IF THE ANSWER TO QUESTION NO. 3 IS " NO," WOULD PAYMENTS RECEIVED FROM ALL AGENCIES BE ADDED TOGETHER TO ARRIVE AT THE MINIMUM AGGREGATE AMOUNT TO $250,000?

5. DOES THE TERM "AGGREGATE AMOUNT RECEIVED" APPLY TO MONIES RECEIVED FROM A NUMBER OF DIFFERENT ORDERS UNDER ONE CONTRACT?

6. IF THE ANSWER TO QUESTION NO. 5 IS " NO," DOES THE "AGGREGATE AMOUNT RECEIVED" APPLY TO AMOUNTS RECEIVED IN THE AGGREGATE ON INDIVIDUAL CONTRACT?

SECTION 102 (A) OF THE RENEGOTIATION ACT OF 1951, 65 STAT. 7, PROVIDES, INSOFAR AS IS PERTINENT, THAT---

THE PROVISIONS OF THIS TITLE SHALL BE APPLICABLE (1) TO ALL CONTRACTS WITH THE DEPARTMENTS SPECIFICALLY NAMED IN SECTION 103 (A) * * * AND (2) TO ALL CONTRACTS WITH THE 1 DEPARTMENTS DESIGNATED BY THE PRESIDENT UNDER SECTION 103 (A) * * *.

SECTION 103 (A) 65 STAT. 8, PROVIDES THAT---

THE TERM " DEPARTMENT" MEANS THE DEPARTMENT OF DEFENSE, THE DEPARTMENT OF THE ARMY, THE DEPARTMENT OF THE NAVY, THE DEPARTMENT OF THE AIR FORCE, THE DEPARTMENT OF COMMERCE, THE GENERAL SERVICES ADMINISTRATION, THE ATOMIC ENERGY COMMISSION, THE RECONSTRUCTION FINANCE CORPORATION, THE CANAL ZONE GOVERNMENT, THE PANAMA CANAL COMPANY, THE HOUSING AND HOME FINANCE AGENCY, AND SUCH OTHER AGENCIES OF THE GOVERNMENT EXERCISING FUNCTIONS HAVING A DIRECT AND IMMEDIATE CONNECTION WITH THE NATIONAL DEFENSE AS THE PRESIDENT SHALL DESIGNATE.

CONTRACTS SUBJECT TO RENEGOTIATION UNDER THE ACT THUS ARE SPECIFICALLY IDENTIFIED AS THOSE OF THE FEDERAL AGENCIES NAMED IN SECTION 103 (A) AND OTHERS DESIGNATED BY THE PRESIDENT. APPLICATION OF THE SETTLED RULE OF STATUTORY CONSTRUCTION, EXPRESSIO UNIUS EST EXCLUSIO ALTERIUS ( SUTHERLAND, STATUTORY CONSTRUCTION, SECTIONS 4915 4917, AND CASES CITED), CORROBORATES THE OBVIOUS MEANING OF THE LANGUAGE EMPLOYED THAT THE CONTRACTS OF THE AGENCIES SO IDENTIFIED, AND NO OTHERS, ARE COVERED BY THE RENEGOTIATION PROVISIONS.

SINCE THE NAME OF THE GOVERNMENT PRINTING OFFICE WAS NOT INCLUDED AMONG THE AGENCIES NAMED IN SECTION 103 (A), AND HAS NOT SO FAR BEEN ADDED TO THAT LIST THROUGH PRESIDENTIAL DESIGNATION UNDER THE RENEGOTIATION ACT OF 1951, CONTRACTS ENTERED INTO BY IT ARE NOT SUBJECT TO THE ACT. OF COURSE, THE AUTHORITY TO ENTER INTO DEFENSE CONTRACTS-- EXTENDED TO THE GOVERNMENT PRINTING OFFICE BY EXECUTIVE ORDER 10216, FEB. 23, 1951, 16 F. R. 1815, UNDER THE FIRST WAR POWERS ACT, 1941, AS AMENDED BY PUBLIC LAW 921, DATED JANUARY 12, 1951, 64 STAT. 1257--- DOES NOT OPERATE TO BRING SUCH CONTRACTS UNDER THE STATUTE. ALSO, IT MAY BE OBSERVED THAT THE PROVISIONS OF SECTION 103 (1) OF THE ACT, 65 STAT. 11, WHICH DEFINE AN "AGENCY OF THE GOVERNMENT" AS A "PART OF THE EXECUTIVE BRANCH OF THE GOVERNMENT OR ANY INDEPENDENT ESTABLISHMENT OF THE GOVERNMENT OR PART THEREOF * * * WHICH IS NOT A PART OF THE LEGISLATIVE OR JUDICIAL BRANCHES," APPARENTLY FORECLOSE THE POSSIBILITY OF PRESIDENTIAL DESIGNATION OF ANY AGENCY OR ESTABLISHMENT IN THE LEGISLATIVE BRANCH FOR THE PURPOSE OF MAKING ITS CONTRACTS SUBJECT TO RENEGOTIATION THEREUNDER.

INASMUCH AS THE FIRST QUESTION SUBMITTED IS ANSWERED IN THE NEGATIVE, I BELIEVE YOU WILL AGREE THAT THE REMAINING FIVE QUESTIONS ARE MOOT AND DO NOT REQUIRE AN ANSWER AT THIS TIME.