B-108625, APRIL 14, 1952, 31 COMP. GEN. 510

B-108625: Apr 14, 1952

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IS A PERSONAL SERVICE FOR PERFORMANCE BY REGULAR EMPLOYEES OF THE GOVERNMENT. 1952: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 12. PADGETT FORMERLY WAS EMPLOYED BY YOUR OFFICE AS " INFORMATIONAL AND EDITORIAL SPECIALIST. " AND THAT WHILE SO EMPLOYED HIS DUTIES "WOULD HAVE COVERED THE ABOVE TYPE REPORT.'. THE REPORT APPEARS TO HAVE BEEN INTENDED FOR INCORPORATION IN A PRESS RELEASE. IT IS THE GENERAL RULE THAT PERSONAL SERVICES NECESSARY IN CONNECTION WITH GOVERNMENTAL ACTIVITIES ARE FOR PERFORMANCE BY REGULAR EMPLOYEES OF THE GOVERNMENT WHO ARE RESPONSIBLE TO THE GOVERNMENT AND SUBJECT TO GOVERNMENT SUPERVISION. 6 COMP. THERE HAVE BEEN INSTANCES HOWEVER. THE FACTS INCORPORATED THEREIN WOULD APPEAR TO BE COMMON KNOWLEDGE OF THE OFFICIALS OF THE PROJECT AND THERE IS NOTHING APPARENT FROM THE FARE OF THE REPORT THAT REQUIRES SPECIALIZED SERVICES IN ITS PREPARATION.

B-108625, APRIL 14, 1952, 31 COMP. GEN. 510

PERSONAL SERVICES - PRIVATE CONTRACT V. GOVERNMENT PERSONNEL - PREPARATION OF GOVERNMENT REPORTS THE PREPARATION OF A REPORT RELATING TO THE OPERATION OF A SUBSTATION OF THE BUREAU OF RECLAMATION COVERING FACTS WHICH APPEAR TO BE COMMON KNOWLEDGE OF OFFICIALS OF THE PROJECT, IS A PERSONAL SERVICE FOR PERFORMANCE BY REGULAR EMPLOYEES OF THE GOVERNMENT, AND THEREFORE, THE REPORT MAY NOT BE PROCURED BY CONTRACT OR PURCHASE.

ACTING COMPTROLLER GENERAL YATES TO LESTER H. WOODWARD, JR., DEPARTMENT OF THE INTERIOR, APRIL 14, 1952:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 12, 1952 (S-360), FORWARDED HERE BY LETTER OF MARCH 14, 1952 (370), FROM THE OFFICE OF THE DIRECTOR OF PROGRAMS AND FINANCE, REQUESTING DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT THE VOUCHER THEREWITH TRANSMITTED IN FAVOR OF H. O. PADGETT FOR $39, COVERING " REPORT OF SERVICE OPERATION OF BEAVER CREEK SUBSTATION C.B.T. PROJECT. A REPORT CONSISTING OF FOUR PAGES AND ADDITIONAL COPIES AS DESIRED.' YOU STATE THAT MR. PADGETT FORMERLY WAS EMPLOYED BY YOUR OFFICE AS " INFORMATIONAL AND EDITORIAL SPECIALIST," AND THAT WHILE SO EMPLOYED HIS DUTIES "WOULD HAVE COVERED THE ABOVE TYPE REPORT.' THE REPORT APPEARS TO HAVE BEEN INTENDED FOR INCORPORATION IN A PRESS RELEASE.

IT IS THE GENERAL RULE THAT PERSONAL SERVICES NECESSARY IN CONNECTION WITH GOVERNMENTAL ACTIVITIES ARE FOR PERFORMANCE BY REGULAR EMPLOYEES OF THE GOVERNMENT WHO ARE RESPONSIBLE TO THE GOVERNMENT AND SUBJECT TO GOVERNMENT SUPERVISION. 6 COMP. GEN. 140; 11 ID. 252; 12 ID. 516; 16 ID. 1055; 17 ID. 52; 21 ID. 388. THERE HAVE BEEN INSTANCES HOWEVER, WHERE BY REASON OF THE NATURE OF THE WORK AND THE EXISTENCE OF EMERGENCY CONDITIONS NOT PERMITTING ITS PERFORMANCE IN THE USUAL MANNER, ACCOMPLISHMENT THEREOF BY MEANS OF OUTSIDE CONTRACTS HAS BEEN SANCTIONED. 11 COMP. GEN. 99; 19 ID. 523; 21 ID. 486; 22 ID. 700. ALSO, A DISTINCTION HAS BEEN DRAWN BETWEEN THE PURCHASE OF REPORT, MAP, MANUSCRIPT, OR OTHER DOCUMENT, ALREADY PREPARED AND IN EXISTENCE AT THE TIME THE NEED THEREFOR BY THE GOVERNMENT AROSE, AND CONTRACTS COVERING PERSONAL SERVICES TO BE PERFORMED SUBSEQUENT TO THE EXECUTION OF SUCH CONTRACT INCIDENT TO THE PREPARATION OF THE REPORT, MAP, MANUSCRIPT, OR OTHER DOCUMENT. 4 COMP. GEN. 781. COMPARE 3 COMP. GEN. 709; 6 ID. 820; 11 ID. 252.

AN EXAMINATION OF THE REPORT DISCLOSES THAT IT CONSISTS OF A NARRATIVE OF THE OPERATION OF THE BEAVER CREEK SUBSTATION AND CITES STATEMENTS OF VARIOUS OFFICIALS OR EMPLOYEES WITH RESPECT TO THE BENEFITS RESULTING FROM ITS OPERATION CURRENTLY AND WHAT MIGHT BE EXPECTED IN THE FUTURE. THE FACTS INCORPORATED THEREIN WOULD APPEAR TO BE COMMON KNOWLEDGE OF THE OFFICIALS OF THE PROJECT AND THERE IS NOTHING APPARENT FROM THE FARE OF THE REPORT THAT REQUIRES SPECIALIZED SERVICES IN ITS PREPARATION.

FURTHERMORE, WHILE NOT MENTIONED IN YOUR SUBMISSION, I FIND THAT THE CONGRESS HAS PLACED SOME LIMITATION UPON THE AMOUNT OF EXPENDITURES FOR SERVICES OF THIS CHARACTER WHICH MAY OR MAY NOT BE FOR APPLICATION IN THIS CASE--- AND WHICH IS NOT HERE DECIDED--- BUT SHOULD NOT BE OVERLOOKED. SECTION 301 OF THE INTERIOR DEPARTMENT APPROPRIATION ACT FOR 1952, 65 STAT. 266, APPROVED AUGUST 31, 1951, PUBLIC LAW 136 PROVIDES:

NO PART OF THE MONEY APPROPRIATED BY THIS ACT OR BY IT MADE AVAILABLE FOR EXPENDITURE BY THE VIRGIN ISLANDS CORPORATION WHICH IS IN EXCESS OF 75 PERCENTUM OF THE AMOUNT REQUIRED TO PAY THE COMPENSATION OF ALL PERSONS WHICH THE BUDGET ESTIMATES FOR PERSONAL SERVICES HERETOFORE SUBMITTED TO THE CONGRESS FOR THE FISCAL YEAR 1952 CONTEMPLATED WOULD BE EMPLOYED BY THE DEPARTMENT OF THE INTERIOR OR THE VIRGIN ISLANDS CORPORATION DURING SUCH FISCAL YEAR IN THE PERFORMANCE OF---

(1) FUNCTIONS PERFORMED BY A PERSON DESIGNATED AS AN INFORMATION SPECIALIST, INFORMATION AND EDITORIAL SPECIALIST, PUBLICATIONS AND INFORMATION COORDINATOR, PRESS RELATIONS OFFICER OR COUNSEL, PHOTOGRAPHER, RADIO EXPERT, TELEVISION EXPERT, MOTION-PICTURE EXPERT, OR PUBLICITY EXPERT, OR DESIGNATED BY ANY SIMILAR TITLE, OR

(2) FUNCTIONS PERFORMED BY PERSONS WHO ASSIST PERSONS PERFORMING THE FUNCTIONS DESCRIBED IN (1) IN DRAFTING, PREPARING, EDITING, TYPING, DUPLICATING, OR DISSEMINATING PUBLIC INFORMATION PUBLICATIONS OR RELEASES, RADIO OR TELEVISION SCRIPTS, MAGAZINE ARTICLES, PHOTOGRAPHS, MOTION PICTURES, AND SIMILAR MATERIAL, SHALL BE AVAILABLE TO PAY THE COMPENSATION OF PERSONS PERFORMING THE FUNCTIONS DESCRIBED IN (1) OR (2): PROVIDED, THAT THIS SECTION SHALL NOT BE CONSTRUED AS HAVING APPLICATION TO THE PREPARATION FOR PUBLICATION OF REPORTS AND MAPS RESULTING FROM AUTHORIZED SCIENTIFIC AND ENGINEERING INVESTIGATIONS AND SURVEYS, TO PHOTOGRAPHY INCIDENT TO THE COMPILATION AND REPRODUCTION OF MAPS AND REPORTS, OR TO PHOTOCOPYING OF PERMANENT RECORDS FOR PRESERVATION.

UNDER THE SUBMITTED FACTS AND CIRCUMSTANCES I FIND NO JUSTIFICATION FOR THE PROCUREMENT OF PERSONAL SERVICES IN THIS INSTANCE IN THE PREPARATION OF THE REPORT BY CONTRACT OR PURCHASE RATHER THAN BY REGULAR OFFICERS OR EMPLOYEES OF THE RECLAMATION SERVICE.

THE VOUCHER, WHICH IS HEREWITH RETURNED, MAY NOT, UPON THE PRESENT RECORD, BE CERTIFIED FOR PAYMENT.