B-152975, DEC. 17, 1963

B-152975: Dec 17, 1963

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ARCHITECT OF THE CAPITOL: REFERENCE IS MADE TO YOUR LETTER DATED NOVEMBER 27. IS PERMISSIBLE UNDER THE TERMS OF THE BUY AMERICAN ACT AND MORE PARTICULARLY UNDER THE TERMS OF THE SECOND SENTENCE OF SECTION 10A. SUPPLIES AS HAVE BEEN MINED OR PRODUCED IN THE UNITED STATES. SUPPLIES AS HAVE BEEN MANUFACTURED IN THE UNITED STATES SUBSTANTIALLY ALL FROM ARTICLES. OR SUPPLIES FROM WHICH THEY ARE MANUFACTURED ARE NOT MINED. SHOULD BE INSTALLED IN AN INTERIOR WALL OF THE INDEPENDENCE AVENUE ENTRANCE LOBBY OF THE RAYBURN HOUSE OFFICE BUILDING WHICH IS PRESENTLY UNDER CONSTRUCTION. YOU SAY THAT YOU WERE DIRECTED BY THE COMMISSION TO CONTRACT WITH MR. MANSHIP IS OBLIGATED TO PROVIDE SMALL- SCALE MODELS FOR A SELECTION BY THE COMMISSION.

B-152975, DEC. 17, 1963

TO J. GEORGE STEWART, ARCHITECT OF THE CAPITOL:

REFERENCE IS MADE TO YOUR LETTER DATED NOVEMBER 27, 1963, AND ENCLOSURES, WHEREIN YOU REQUEST ADVICE WHETHER THE USE OF CARRARA MARBLE, A MARBLE OF ITALIAN ORIGIN, FOR THE CREATION OF A SCULPTURED PANEL OF THE LATE SPEAKER SAM RAYBURN, TO BE INSTALLED IN THE RAYBURN HOUSE OFFICE BUILDING, IS PERMISSIBLE UNDER THE TERMS OF THE BUY AMERICAN ACT AND MORE PARTICULARLY UNDER THE TERMS OF THE SECOND SENTENCE OF SECTION 10A, TITLE 41, UNITED STATES CODE.

SECTION 2 OF THE BUY AMERICAN ACT OF 1933, 47 STAT. 1520, 41 U.S.C. 10A, AS AMENDED, 41 U.S.C. 10D, PROVIDES THAT:

"10A. AMERICAN MATERIALS REQUIRED FOR PUBLIC USE

"NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AND UNLESS THE HEAD OF THE DEPARTMENT OR INDEPENDENT ESTABLISHMENT CONCERNED SHALL DETERMINE IT TO BE INCONSISTENT WITH THE PUBLIC INTEREST, OR THE COST TO BE UNREASONABLE, ONLY SUCH UNMANUFACTURED ARTICLES, MATERIALS, AND SUPPLIES AS HAVE BEEN MINED OR PRODUCED IN THE UNITED STATES, AND ONLY SUCH MANUFACTURED ARTICLES, MATERIALS, AND SUPPLIES AS HAVE BEEN MANUFACTURED IN THE UNITED STATES SUBSTANTIALLY ALL FROM ARTICLES, MATERIALS, OR SUPPLIES MINED, PRODUCED, OR MANUFACTURED, AS THE CASE MAY BE, IN THE UNITED STATES, SHALL BE ACQUIRED FOR PUBLIC USE. THIS SECTION SHALL NOT APPLY WITH RESPECT TO ARTICLES, MATERIALS, OR SUPPLIES FOR USE OUTSIDE THE UNITED STATES, OR IF ARTICLES, MATERIALS, OR SUPPLIES OF THE CLASS OR KIND TO BE USED OR THE ARTICLES, MATERIALS, OR SUPPLIES FROM WHICH THEY ARE MANUFACTURED ARE NOT MINED, PRODUCED, OR MANUFACTURED, AS THE CASE MAY BE, IN THE UNITED STATES IN SUFFICIENT AND REASONABLY AVAILABLE COMMERCIAL QUANTITIES AND OF A SATISFACTORY QUALITY.

"10D. CLARIFICATION OF CONGRESSIONAL INTENT REGARDING SECTIONS 10A AND 10B (A)

"IN ORDER TO CLARIFY THE ORIGINAL INTENT OF CONGRESS, HEREAFTER, SECTION 10A OF THIS TITLE * * * SHALL BE REGARDED AS REQUIRING THE PURCHASE, FOR PUBLIC USE WITHIN THE UNITED STATES, OF ARTICLES, MATERIALS, OR SUPPLIES MANUFACTURED IN THE UNITED STATES IN SUFFICIENT AND REASONABLY AVAILABLE COMMERCIAL QUANTITIES AND OF A SATISFACTORY QUALITY, UNLESS THE HEAD OF THE DEPARTMENT OR INDEPENDENT ESTABLISHMENT CONCERNED SHALL DETERMINE THEIR PURCHASE TO BE INCONSISTENT WITH THE PUBLIC INTEREST OR THEIR COST TO BE UNREASONABLE.'

YOUR LETTER STATES THAT THE HOUSE OFFICE BUILDING COMMISSION DETERMINED THAT A MARBLE PANEL WITH A PORTRAIT RELIEF OF THE LATE SPEAKER RAYBURN, TOGETHER WITH SUITABLE INSCRIPTION AND FRAMING, SHOULD BE INSTALLED IN AN INTERIOR WALL OF THE INDEPENDENCE AVENUE ENTRANCE LOBBY OF THE RAYBURN HOUSE OFFICE BUILDING WHICH IS PRESENTLY UNDER CONSTRUCTION. YOU SAY THAT YOU WERE DIRECTED BY THE COMMISSION TO CONTRACT WITH MR. PAUL MANSHIP, ONE OF THE FOREMOST ARTISTS IN THE FIELD OF SCULPTURE IN THE UNITED STATES, FOR THE SCULPTURING OF THE PORTRAIT RELIEF PANEL OF THE LATE SPEAKER.

UNDER THE CONTRACT ENTERED INTO PURSUANT TO SUCH DIRECTION, DATED MAY 8, 1963, AND DESIGNATED ACHO-244, AS AMENDED BY A SUPPLEMENTAL AGREEMENT THERETO DATED OCTOBER 25, 1963, MR. MANSHIP IS OBLIGATED TO PROVIDE SMALL- SCALE MODELS FOR A SELECTION BY THE COMMISSION, TO SUBMIT A FULL-SIZE MODEL OF THE PANEL MODEL SELECTED BY THE COMMISSION, AND TO CARVE THE PANEL IN MARBLE STOCK TO BE PROVIDED BY HIM FOR THE PURPOSE.

PURSUANT TO THE CONTRACT, MR. MANSHIP PRESENTED SEVERAL SMALL-SCALE MODELS FOR THE PANEL FROM WHICH ONE WAS CHOSEN BY THE COMMISSION. YOU REPORT THAT THE SCULPTOR IS NOW IN THE PROCESS OF PREPARING THE FINAL FULL -SIZE MODEL OF THE PANEL PRIOR TO CARVING THE SAME IN MARBLE.

BY LETTER OF NOVEMBER 19, 1963, MR. MANSHIP ADVISED YOU THAT HE PROPOSES TO EMPLOY ITALIAN CARRARA MARBLE FOR THE SCULPTURING OF THE PANEL. THE MARBLE SELECTED FOR FRAMING OF THE PANEL IS OF DOMESTIC ORIGIN. IN HIS LETTER, MR. MANSHIP STATES THAT CARRARA MARBLE IS BEST SUITED FOR ,ACHIEVEMENT OF THE SUBTLE CARVING OF PORTRAIT SCULPTURE.' HE FURTHER STATES THAT "CONSIDERING THE HIGH ARTISTIC PERFORMANCE NECESSARY AND IN ORDER FOR ME TO DO MY BEST WORK AND OBTAIN THE FINE DETAILS REQUIRED, I KNOW OF NO DOMESTIC U.S. MARBLE EQUAL TO CARRARA AND OF THE SAME HIGHLY SATISFACTORY QUALITY.'

YOU REPORT THAT THIS STATEMENT OF MR. MANSHIP IS ENDORSED BY YOUR ASSOCIATE ARCHITECTS FOR THE RAYBURN HOUSE OFFICE BUILDING PROJECT AND THAT YOU, AS WELL AS THE ASSISTANT ARCHITECT OF THE CAPITOL, FULLY CONCUR IN THE OBSERVATIONS OF MR. MANSHIP. THEREFORE, YOU INTEND TO AUTHORIZE THE USE OF CARRARA MARBLE FOR THE STATED PURPOSE IF SUCH USE IS PERMISSIBLE UNDER THE BUY AMERICAN ACT.

BY ITS OWN TERMS THE REQUIREMENTS OF THE BUY AMERICAN ACT ARE INAPPLICABLE "IF ARTICLES, MATERIALS, OR SUPPLIES OF THE CLASS OR KIND TO BE USED * * * ARE NOT MINED, PRODUCED, OR MANUFACTURED * * * IN THE UNITED STATES IN SUFFICIENT AND REASONABLY AVAILABLE COMMERCIAL QUANTITIES AND OF A SATISFACTORY QUALITY.' IN VIEW OF THE STATED UNAVAILABILITY OF DOMESTIC MARBLE OF A SATISFACTORY QUALITY, OUR OFFICE WILL NOT OBJECT TO THE USE OF CARRARA MARBLE FOR THE STATED PURPOSE.