B-122562, OCT. 2, 1956

B-122562: Oct 2, 1956

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OUR CONCLUSION WAS BASED UPON EVIDENCE SHOWING THE INTENT OF THE CONGRESS THAT THE QUOTED PROVISION SHOULD BE GIVEN A BROAD CONSTRUCTION. UNDER THE CONTRACT THERE WAS INSTALLED IN THE BUREAU AN "INDUSTRIAL ENGINEERING FUNCTION. ONLY THROUGH AN INTENSIVE RECRUITING PROGRAM WAS THE BUREAU ABLE TO SECURE THE SERVICES OF AN INDUSTRIAL ENGINEER TO SUPERVISE THIS FUNCTION WHO WAS DEEMED QUALIFIED TO MEET THE UNIQUE REQUIREMENTS OF THE BUREAU. IT WAS ADMINISTRATIVELY OBSERVED THAT THE EMPLOYEE. WHO WAS WELL FITTED FOR THE APPOINTMENT FROM THE STANDPOINT OF PROFESSIONAL TRAINING AND PERSONALITY. THE ACTING SECRETARY SAYS THAT BASED ON THAT EXPERIENCE IT IS BELIEVED THAT RATHER THAN TO BRING A TRAINED ENGINEER INTO THE BUREAU AND LOSE THE CONSIDERABLE TIME NECESSARY FOR HIS ADAPTATION TO BUREAU FUNCTIONS AND PROCEDURES IT WOULD BE IN THE BEST INTEREST OF THE BUREAU TO SELECT AS A REPLACEMENT AN EMPLOYEE ALREADY ON THE MANAGEMENT STAFF WHO POSSESSES THE NECESSARY KNOWLEDGE OF THE BUREAU'S FUNCTIONS AND PROCEDURES BUT WHO DOES NOT POSSESS THE REQUISITE INDUSTRIAL ENGINEERING TRAINING.

B-122562, OCT. 2, 1956

TO THE SECRETARY OF THE TREASURY:

IN A LETTER DATED SEPTEMBER 12, 1956, THE ACTING SECRETARY, REQUESTED ADVICE WHETHER OUR OFFICE WOULD BE REQUIRED TO OBJECT TO THE UTILIZATION OF THE BUREAU OF ENGRAVING AND PRINTING FUND FOR THE PAYMENT OF TUITION, PER DIEM AND TRAVEL EXPENSES UNDER THE FACTS AND CIRCUMSTANCES HEREINAFTER RELATED.

SECTION 2 (D) OF THE ACT OF AUGUST 4, 1950, 31 U.S.C. 181A (D), PROVIDES AS FOLLOWS:

"THE FUND SHALL BE ESTABLISHED WITHOUT FISCAL-YEAR LIMITATION FOR FINANCING ALL COSTS AND EXPENSES OF OPERATING AND MAINTAINING THE BUREAU SUBSEQUENT TO JUNE 30, 1951.'

ON MAY 26, 1955, WE RENDERED YOU A DECISION, B-122562, TO THE EFFECT THAT WE WOULD INTERPOSE NO OBJECTION TO YOUR DEPARTMENT ENTERING INTO A CONTRACT FOR THE PROCUREMENT OF CERTAIN EXPERT AND CONSULTANT SERVICES AND PAYING THE COSTS INCURRED THEREUNDER FROM THE BUREAU OF ENGRAVING AND PRINTING FUND, NOTWITHSTANDING THE ABSENCE OF SPECIFIC STATUTORY AUTHORITY FOR THE EMPLOYMENT OF SUCH SERVICES. OUR CONCLUSION WAS BASED UPON EVIDENCE SHOWING THE INTENT OF THE CONGRESS THAT THE QUOTED PROVISION SHOULD BE GIVEN A BROAD CONSTRUCTION. ALSO SEE, GENERALLY, B-104492, OCTOBER 4, 1951, TO YOUR DEPARTMENT.

UNDER THE CONTRACT THERE WAS INSTALLED IN THE BUREAU AN "INDUSTRIAL ENGINEERING FUNCTION," INCLUDING THE TRAINING OF SELECTED PERSONNEL IN INDUSTRIAL ENGINEERING TECHNIQUES AND PROCEDURES. ONLY THROUGH AN INTENSIVE RECRUITING PROGRAM WAS THE BUREAU ABLE TO SECURE THE SERVICES OF AN INDUSTRIAL ENGINEER TO SUPERVISE THIS FUNCTION WHO WAS DEEMED QUALIFIED TO MEET THE UNIQUE REQUIREMENTS OF THE BUREAU. HE DECIDED, AFTER ONLY 8 MONTHS IN THE POSITION, TO RETURN TO PRIVATE INDUSTRY. IT WAS ADMINISTRATIVELY OBSERVED THAT THE EMPLOYEE, WHO WAS WELL FITTED FOR THE APPOINTMENT FROM THE STANDPOINT OF PROFESSIONAL TRAINING AND PERSONALITY, EXPERIENCED CONSIDERABLE DIFFICULTY IN THE PERFORMANCE OF HIS DUTY BECAUSE OF LACK OF BACKGROUND KNOWLEDGE OF THE BUREAU'S FUNCTIONS AND PROCEDURES WHICH DIFFER MATERIALLY FROM THOSE PRESENT IN THE USUAL COMMERCIAL PRINTING PLANT.

THE ACTING SECRETARY SAYS THAT BASED ON THAT EXPERIENCE IT IS BELIEVED THAT RATHER THAN TO BRING A TRAINED ENGINEER INTO THE BUREAU AND LOSE THE CONSIDERABLE TIME NECESSARY FOR HIS ADAPTATION TO BUREAU FUNCTIONS AND PROCEDURES IT WOULD BE IN THE BEST INTEREST OF THE BUREAU TO SELECT AS A REPLACEMENT AN EMPLOYEE ALREADY ON THE MANAGEMENT STAFF WHO POSSESSES THE NECESSARY KNOWLEDGE OF THE BUREAU'S FUNCTIONS AND PROCEDURES BUT WHO DOES NOT POSSESS THE REQUISITE INDUSTRIAL ENGINEERING TRAINING. HE STATES THAT IT IS DEEMED ESSENTIAL THAT THE SELECTEE BE SCHOOLED IN THE SAME METHODS AND BY THE SAME INDUSTRIAL ENGINEERING FIRM THAT INSTALLED YOUR ,INDUSTRIAL ENGINEERING FUNCTION.' ACCORDINGLY, IT IS PROPOSED TO SEND THE SELECTEE TO THE METHODS ENGINEERING COUNCIL, PITTSBURGH, PENNSYLVANIA, FOR APPROXIMATELY 42 DAYS FOR COURSES IN METHODS ENGINEERING AND METHODS TIME MEASUREMENT.

IN VIEW OF THE BROAD LANGUAGE OF SECTION 2 (D), ABOVE, AND PROVIDED IT BE DETERMINED ADMINISTRATIVELY THAT THE EXPENDITURES PROPOSED ARE NECESSARY COSTS OF OPERATING AND MAINTAINING THE BUREAU, WE WILL INTERPOSE NO OBJECTION TO THE PAYMENT OF OTHERWISE PROPER EXPENSES OF ..END :