B-29810, DECEMBER 22, 1942, 22 COMP. GEN. 568

B-29810: Dec 22, 1942

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WORK IS WITHIN SECTION 11. THE COST THEREOF IS REQUIRED TO BE CHARGED TO THE PRINTING AND BINDING LIMITATION OF THE APPLICABLE APPROPRIATION. IRRESPECTIVE OF WHETHER SUCH NOTEBOOKS ARE PROCURED FROM THE GOVERNMENT PRINTING OFFICE. OR WHETHER THEY ARE OBTAINED FROM GENERAL SCHEDULE OF SUPPLIES CONTRACTORS OR BY CONTRACT IN THE OPEN MARKET UNDER AUTHORIZATION FROM THE PUBLIC PRINTER PURSUANT TO THE ACT OF JULY 8. 1942: I HAVE YOUR LETTER OF NOVEMBER 30. IT WAS HELD THAT STENOGRAPHER'S NOTEBOOKS. BINDING OR RULING OPERATION IN THEIR MANUFACTURE ARE REQUIRED TO BE PROCURED FROM THE GOVERNMENT PRINTING OFFICE. WHEN THEY ARE PROCURED DIRECTLY FROM THE GOVERNMENT PRINTING OFFICE. WHEN THEY ARE PROCURED FROM THE GENERAL SCHEDULE OF SUPPLIES OR CONTRACTED FOR IN THE OPEN MARKET UNDER AN AUTHORIZATION FROM THE PUBLIC PRINTER.

B-29810, DECEMBER 22, 1942, 22 COMP. GEN. 568

PRINTING AND BINDING APPROPRIATION LIMITATIONS - EXCLUSIVE APPLICABILITY WHERE PRINTING, BINDING, ETC. WORK IS WITHIN SECTION 11, ACT OF MARCH 1, 1919 STENOGRAPHIC NOTEBOOKS BEING WITHIN THE PURVIEW OF SECTION 11 OF THE ACT OF MARCH 1, 1919, REQUIRING PRINTING, BINDING, AND BLANK BOOK WORK OF THE EXECUTIVE DEPARTMENTS, ETC., TO BE DONE AT THE GOVERNMENT PRINTING OFFICE, THE COST THEREOF IS REQUIRED TO BE CHARGED TO THE PRINTING AND BINDING LIMITATION OF THE APPLICABLE APPROPRIATION, IRRESPECTIVE OF WHETHER SUCH NOTEBOOKS ARE PROCURED FROM THE GOVERNMENT PRINTING OFFICE, OR WHETHER THEY ARE OBTAINED FROM GENERAL SCHEDULE OF SUPPLIES CONTRACTORS OR BY CONTRACT IN THE OPEN MARKET UNDER AUTHORIZATION FROM THE PUBLIC PRINTER PURSUANT TO THE ACT OF JULY 8, 1935.

COMPTROLLER GENERAL WARREN TO THE LIAISON OFFICER FOR EMERGENCY MANAGEMENT, DECEMBER 22, 1942:

I HAVE YOUR LETTER OF NOVEMBER 30, 1942, AS FOLLOWS:

IN YOUR DECISION B-29810, DATED NOVEMBER 6, 1942, ADDRESSED TO THIS OFFICE, IT WAS HELD THAT STENOGRAPHER'S NOTEBOOKS, WHETHER STITCHED OR SPIRAL-BOUND, REQUIRING SOME PRINTING, BINDING OR RULING OPERATION IN THEIR MANUFACTURE ARE REQUIRED TO BE PROCURED FROM THE GOVERNMENT PRINTING OFFICE, IRRESPECTIVE OF THE FACT THAT THEY MAY BE CARRIED IN STOCK BY DEALERS AND REQUIRE NO SPECIAL PRINTING, BINDING OR RULING OPERATIONS TO FIT THEM FOR THE USE OF THIS OFFICE, UNLESS, OF COURSE, THE PUBLIC PRINTER SHOULD BE UNABLE TO SUPPLY THE SAME OR SHOULD AUTHORIZE THEIR PROCUREMENT ELSEWHERE UNDER THE PROVISIONS OF THE ACT OF JULY 8, 1935, 49 STAT. 475 (44 U.S.C. 14).

IT WOULD, ACCORDINGLY, BE APPRECIATED IF YOU WOULD ADVISE WHETHER OR NOT YOUR DECISION THAT SUCH BOOKS BE PROCURED THROUGH THE GOVERNMENT PRINTING OFFICE AUTOMATICALLY PLACES THEM IN THE CATEGORY OF PRINTING AND BINDING TO BE CHARGED TO THE PRINTING AND BINDING LIMITATIONS MADE AVAILABLE TO THE OFFICE FOR EMERGENCY MANAGEMENT:

A. WHEN THEY ARE PROCURED DIRECTLY FROM THE GOVERNMENT PRINTING OFFICE, OR

B. WHEN THEY ARE PROCURED FROM THE GENERAL SCHEDULE OF SUPPLIES OR CONTRACTED FOR IN THE OPEN MARKET UNDER AN AUTHORIZATION FROM THE PUBLIC PRINTER.

IN DECISION OF OCTOBER 25, 1934, A-58156, IT WAS STATED:

THE JOINT COMMITTEE ON PRINTING HAS RULED THAT BOOKS WHICH REQUIRE PRINTING, BINDING OR RULING OPERATIONS FOR THEIR MANUFACTURE ARE BLANK BOOKS WITHIN THE MEANING OF THE ABOVE ACT. SEE 7 COMP. GEN. 411; ID. 712; 8 ID. 317. IT IS THE GENERAL RULE, THEREFORE, THAT ALL ITEMS WHICH ARE REQUIRED BY SECTION 11 OF THE ACT OF MARCH 1, 1919, SUPRA, TO BE PROCURED FROM THE PUBLIC PRINTER CONSTITUTE PRINTING AND BINDING AND MUST BE CHARGED TO A PRINTING AND BINDING APPROPRIATION.

WHILE THE APPROPRIATION UNDER THE HEADING " OFFICE FOR EMERGENCY MANAGEMENT" IN THE FIRST SUPPLEMENTAL NATIONAL DEFENSE APPROPRIATION ACT, 1943, APPROVED JULY 25, 1942, 56 STAT. 704, PUBLIC LAW 678, PROVIDES SPECIFICALLY FOR "PRINTING AND BINDING," THE APPROPRIATION ITSELF CONTAINS NO LIMITATION ON THE AMOUNT MADE AVAILABLE FOR THAT PURPOSE. HOWEVER, SECTION 203 OF THAT ACT, 56 STAT. 721, PROVIDES:

WHEREVER APPROPRIATIONS IN THIS ACT FOR ANY FEDERAL AGENCY ARE AVAILABLE FOR PRINTING AND BINDING, TRAVELING EXPENSES, AND THE PURCHASE OF MOTOR- PROPELLED PASSENGER-CARRYING VEHICLES, THE AMOUNTS EXPENDED FOR SUCH PURPOSES, RESPECTIVELY, SHALL NOT EXCEED THE SUMS SET FORTH THEREFOR IN THE JUSTIFICATIONS OF THE BUDGET ESTIMATES OF APPROPRIATIONS FOR SUCH AGENCIES SUBMITTED TO THE COMMITTEE ON APPROPRIATIONS, HOUSE OF REPRESENTATIVES, IN CONNECTION WITH THIS ACT, EXCEPT WHERE AMOUNTS FOR SUCH PURPOSES ARE INCLUDED FOR SPECIAL PROJECTS OR FOR TRANSFER TO OTHER AGENCIES; AND WHEREVER TRANSFERS FROM ANY SUCH APPROPRIATION ARE MADE TO ANOTHER FEDERAL AGENCY, OTHER THAN AN AGENCY ACTING SOLELY IN A PROCUREMENT CAPACITY, THE AMOUNTS OF SUCH TRANSFERS EXPENDED, RESPECTIVELY FOR THE FOREGOING PURPOSES SHALL NOT EXCEED THE SUMS WHICH THE DIRECTOR OF THE BUREAU OF THE BUDGET SHALL APPROVE THEREFOR IN CONNECTION WITH EACH SUCH TRANSFER.

ACCORDINGLY, THE AMOUNT AVAILABLE FOR PRINTING AND BINDING UNDER THE APPROPRIATION FOR THE OFFICE FOR EMERGENCY MANAGEMENT, INCLUDING ITS CONSTITUENT AGENCIES, MAY NOT EXCEED THE AMOUNT OR AMOUNTS FOR THAT PURPOSE AS SET FORTH IN THE JUSTIFICATIONS OF BUDGET ESTIMATES SUBMITTED TO THE COMMITTEE ON APPROPRIATIONS, HOUSE OF REPRESENTATIVES.

ALSO, IN SPECIFIC ANSWER TO THE TWO QUESTIONS YOU SUBMIT, I HAVE TO ADVISE THAT AS STENOGRAPHIC NOTEBOOKS ARE WITHIN THE PURVIEW OF SECTION 11 OF THE ACT OF MARCH 1, 1919, 40 STAT. 1270, THEIR COST IS REQUIRED TO BE CHARGED TO THE PRINTING AND BINDING LIMITATION UNDER THE APPROPRIATION FOR THE OFFICE FOR EMERGENCY MANAGEMENT IRRESPECTIVE OF WHETHER THEY ARE (1) PROCURED FROM THE GOVERNMENT PRINTING OFFICE; (2) PURCHASED FROM GENERAL SCHEDULE OF SUPPLIES CONTRACTORS OR (3) OBTAINED BY CONTRACT IN THE OPEN MARKET UNDER AUTHORIZATION FROM THE PUBLIC PRINTER.