B-113153, JANUARY 19, 1953, 32 COMP. GEN. 326

B-113153: Jan 19, 1953

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TO GIVE PREFERENCE TO NON-PROFIT-MAKING INSTITUTIONS OR AGENCIES WHOSE ACTIVITIES ARE PRIMARILY CONCERNED WITH THE BLIND. 1953: REFERENCE IS MADE TO LETTER OF DECEMBER 12. - FOR RESEARCH AND DEVELOPMENT IN CONNECTION WITH THE TALKING BOOK MACHINE PROGRAM WHICH IS CARRIED ON BY THE LIBRARY OF CONGRESS. IN THE LETTER IT IS STATED. THE LIBRARY FOR SOME YEARS HAS CARRIED ON A RESEARCH PROGRAM WHICH INCLUDED WORKING FUND AGREEMENTS WITH THE UNITED STATES BUREAU OF STANDARDS BUT THAT THE LIBRARY HAS ADMINISTRATIVELY DETERMINED THAT THE SERVICES OF THE BUREAU OF STANDARDS ARE INADEQUATE AND UNECONOMICAL FOR SUCH PURPOSES. IT IS STATED FURTHER THAT THE LIBRARY IS CONTEMPLATING CONTRACTS FOR A REVISED RESEARCH PROGRAM AND HAS RECEIVED A RELEVANT PROPOSAL FROM THE AMERICAN FOUNDATION FOR THE BLIND.

B-113153, JANUARY 19, 1953, 32 COMP. GEN. 326

TALKING BOOK MACHINES - NEGOTIATION OF RESEARCH AND DEVELOPMENT CONTRACTS UNDER THE PROVISION OF 2 U.S.C. 135 (A), WHICH REQUIRES THE LIBRARIAN OF CONGRESS, IN THE PURCHASE OF BOOKS FOR THE USE OF THE ADULT BLIND, TO GIVE PREFERENCE TO NON-PROFIT-MAKING INSTITUTIONS OR AGENCIES WHOSE ACTIVITIES ARE PRIMARILY CONCERNED WITH THE BLIND, WITHOUT REFERENCE TO SECTION 3709, REVISED STATUTES, AS AMENDED, CONTRACTS MAY BE NEGOTIATED WITH NON-PROFIT PRIVATE CONCERNS FOR THE DEVELOPMENT, PURCHASE AND REPAIR OF TALKING BOOK MACHINES.

ACTING COMPTROLLER GENERAL YATES TO THE LIBRARIAN OF CONGRESS, JANUARY 19, 1953:

REFERENCE IS MADE TO LETTER OF DECEMBER 12, 1952, FROM THE ACTING LIBRARIAN, PRESENTING FOR DECISION CERTAIN QUESTIONS SET OUT THEREIN RELATIVE TO THE AUTHORITY OF THE LIBRARIAN OF CONGRESS TO MAKE CONTRACTS WITH PRIVATE CONCERNS--- PARTICULARLY WITH SUCH NON-PROFIT ORGANIZATIONS AS THE AMERICAN FOUNDATION FOR THE BLIND--- FOR RESEARCH AND DEVELOPMENT IN CONNECTION WITH THE TALKING BOOK MACHINE PROGRAM WHICH IS CARRIED ON BY THE LIBRARY OF CONGRESS, DIVISION FOR THE BLIND, UNDER AUTHORITY OF 2 U.S.C. 135A.

IN THE LETTER IT IS STATED, IN SUBSTANCE, THAT IN ORDER TO CONDUCT THE REFERRED-TO PROGRAM AS CONTEMPLATED BY THE STATUTE, THE LIBRARY FOR SOME YEARS HAS CARRIED ON A RESEARCH PROGRAM WHICH INCLUDED WORKING FUND AGREEMENTS WITH THE UNITED STATES BUREAU OF STANDARDS BUT THAT THE LIBRARY HAS ADMINISTRATIVELY DETERMINED THAT THE SERVICES OF THE BUREAU OF STANDARDS ARE INADEQUATE AND UNECONOMICAL FOR SUCH PURPOSES. IT IS STATED FURTHER THAT THE LIBRARY IS CONTEMPLATING CONTRACTS FOR A REVISED RESEARCH PROGRAM AND HAS RECEIVED A RELEVANT PROPOSAL FROM THE AMERICAN FOUNDATION FOR THE BLIND, A NON-PROFIT ORGANIZATION WHICH PIONEERED THE TALKING BOOK AND WHICH HAS BEEN OF IMMENSE ASSISTANCE TO THE LIBRARY IN THE PAST; AND THAT THE CURRENT PROPOSAL OF THE BUREAU OF STANDARDS TO CONTINUE DEVELOPMENTAL WORK ON TALKING BOOK MACHINES IS EXCESSIVE IN COST TO THE NEEDS AND BUDGET OF THE LIBRARY.

SECTION 135A OF TITLE 2, U.S.C. PROVIDES:

THERE IS AUTHORIZED TO BE APPROPRIATED ANNUALLY TO THE LIBRARY OF CONGRESS, IN ADDITION TO APPROPRIATIONS OTHERWISE MADE TO SAID LIBRARY, $1,125,000, WHICH SUM SHALL BE EXPENDED UNDER THE DIRECTION OF THE LIBRARIAN OF CONGRESS TO PROVIDE BOOKS PUBLISHED EITHER IN RAISED CHARACTERS, ON SOUND-REPRODUCTION RECORDINGS, OR IN ANY OTHER FORM, FOR THE USE OF THE ADULT BLIND RESIDENTS OF THE UNITED STATES, INCLUDING THE SEVERAL STATES, TERRITORIES, INSULAR POSSESSIONS, AND THE DISTRICT OF COLUMBIA: PROVIDED, THAT OF SAID ANNUAL APPROPRIATION OF $1,125,000, NOT EXCEEDING $200,000 THEREOF SHALL BE EXPENDED FOR BOOKS IN RAISED CHARACTERS AND THE BALANCE REMAINING SHALL BE EXPENDED FOR SOUND- REPRODUCTION RECORDINGS AND FOR THE PURCHASE, MAINTENANCE, AND REPLACEMENT OF REPRODUCERS FOR THESE SOUND-REPRODUCTION RECORDINGS, ALL OF WHICH BOOKS, RECORDINGS, AND REPRODUCERS WILL REMAIN THE PROPERTY OF THE LIBRARY OF CONGRESS BUT WILL BE LOANED TO BLIND READERS UNDER REGULATIONS PRESCRIBED BY THE LIBRARIAN OF CONGRESS FOR THIS SERVICE. IN THE PURCHASE OF BOOKS IN EITHER RAISED CHARACTERS OR IN SOUND REPRODUCTION RECORDINGS THE LIBRARIAN OF CONGRESS, WITHOUT REFERENCE TO SECTION 5 OF TITLE 41, SHALL GIVE PREFERENCE TO NON-PROFIT-MAKING INSTITUTIONS OR AGENCIES WHOSE ACTIVITIES ARE PRIMARILY CONCERNED WITH THE BLIND, IN ALL CASES WHERE THE PRICES OR BIDS SUBMITTED BY SUCH INSTITUTIONS OR AGENCIES ARE, BY SAID LIBRARIAN, UNDER ALL THE CIRCUMSTANCES AND NEEDS INVOLVED, DETERMINED TO BE FAIR AND REASONABLE.

THE APPROPRIATION FOR THE LIBRARY OF CONGRESS FOR THE FISCAL YEAR ENDING JUNE 30, 1953 ( PUBLIC LAW 471, 82D CONGRESS), 66 STAT. 475, IS IN PERTINENT PART AS FOLLOWS:

TO ENABLE THE LIBRARIAN OF CONGRESS TO CARRY OUT THE PROVISIONS OF THE ACT ENTITLED "AN ACT TO PROVIDE BOOKS FOR THE ADULT BLIND," APPROVED MARCH 3, 1931 (2 U.S.C. 135A), AS AMENDED, $1,000,000, INCLUDING NOT EXCEEDING $77,330 FOR PERSONAL SERVICES, NOT EXCEEDING $200,000 FOR BOOKS IN RAISED CHARACTERS, AND THE BALANCE REMAINING FOR SOUND-REPRODUCTION RECORDS AND FOR THE PURCHASE, MAINTENANCE, AND REPLACEMENT OF THE GOVERNMENT-OWNED REPRODUCERS FOR SOUND-REPRODUCTION RECORDS FOR THE BLIND AND NOT EXCEEDING $2,000 FOR NECESSARY TRAVELING EXPENSES CONNECTED WITH SUCH SERVICE AND FOR EXPENSES OF ATTENDANCE AT MEETINGS WHEN INCURRED ON THE WRITTEN AUTHORITY AND DIRECTION OF THE LIBRARIAN; AND FOR PRINTING AND BINDING.

IT IS A SETTLED RULE THAT WHERE AN APPROPRIATION IS MADE FOR A PARTICULAR OBJECT, BY IMPLICATION IT CONFERS AUTHORITY TO INCUR EXPENSES WHICH ARE NECESSARY OR PROPER OR INCIDENT TO THE PROPER EXECUTION OF THE OBJECT, UNLESS THERE IS ANOTHER APPROPRIATION WHICH MAKES MORE SPECIFIC PROVISION FOR SUCH EXPENDITURES OR UNLESS THEY ARE PROHIBITED BY LAW. SEE 29 COMP. GEN. 419 AND DECISIONS THEREIN CITED. HAVING REGARD FOR THE PECULIAR NATURE AND THE LIMITED USE OF THE RECORDS AND EQUIPMENT REFERRED TO, IT APPEARS THAT THE EXPENSES FOR RESEARCH AND DEVELOPMENTAL SERVICE ARE NECESSARY AND INCIDENT TO THE PROPER EXECUTION OF THE BASIC OBJECT OF THE APPROPRIATION, WHICH IS TO PROVIDE BOOKS PUBLISHED EITHER IN RAISED CHARACTERS OR, ON SOUND REPRODUCTION RECORDINGS, INCLUDING THE ACQUISITION AND MAINTENANCE OF SUCH RECORDS AND EQUIPMENT.

WITH RESPECT TO THE QUESTION PRESENTED AS TO WHETHER THE LIBRARIAN IS AUTHORIZED TO MAKE CONTRACTS WITH PRIVATE CONCERNS FOR RESEARCH AND DEVELOPMENTAL SERVICE, IT IS STATED IN THE LETTER OF DECEMBER 12, 1952, THAT "THE LIBRARY HAS ADMINISTRATIVELY DETERMINED THAT THE SERVICES OF THE BUREAU OF STANDARDS ARE INADEQUATE AND UNECONOMICAL FOR OUR PURPOSES" AND THAT THE CURRENT PROPOSAL OF THE BUREAU OF STANDARDS "IS EXCESSIVE IN COST TO THE NEEDS AND BUDGET OF THE LIBRARY.' IN VIEW OF THE FACTS OF THE SITUATION AS HEREINABOVE SET OUT, THERE IS NOT PERCEIVED ANY SPECIFIC BASIS FOR QUESTIONING THE CORRECTNESS OF THE ADMINISTRATIVE DETERMINATION.

ALSO, FOR REASONS SUCH AS SET OUT ABOVE AND IN THE LETTER OF DECEMBER 12, 1952, IT MAY BE HELD THAT THE ABOVE-QUOTED STATUTORY PROVISION REQUIRING THE LIBRARIAN OF CONGRESS IN THE PURCHASE OF BOOKS "IN EITHER RAISED CHARACTERS OR IN SOUND-REPRODUCTION RECORDINGS," TO GIVE PREFERENCE TO ,NON-PROFIT-MAKING INSTITUTIONS OR AGENCIES WHOSE ACTIVITIES ARE PRIMARILY CONCERNED WITH THE ND," WITHOUT REFERENCE TO THE ADVERTISING REQUIREMENTS OF SECTION 3709, REVISED STATUTES, AS AMENDED, 41 U.S.C. 5, IS FOR APPLICATION TO THE NEGOTIATION OF CONTRACTS FOR THE DEVELOPMENT OF SOUND RECORDING MACHINES, SINCE SUCH DEVELOPMENT APPEARS NECESSARY AND INCIDENT TO THE PROPER EXECUTION OF THE OBJECT OF THE APPROPRIATION. FOR SIMILAR REASONS, THE SAID STATUTORY PROVISION APPEARS APPLICABLE TO THE PURCHASE AND REPAIR OF SUCH MACHINES.