B-31993, FEBRUARY 13, 1943, 22 COMP. GEN. 801

B-31993, FEBRUARY 13, 1943, 22 COMP. GEN. 801

PRINTING AND BINDING APPROPRIATION LIMITATION APPLICABILITY - GUMMED LABELS; FANFOLD FORMS WHILE THE COST OF GUMMED LABELS, WITHOUT PRINTING, WHICH ARE NOT REQUIRED TO BE OBTAINED FROM THE GOVERNMENT PRINTING OFFICE, IS NOT CHARGEABLE TO THE PRINTING AND BINDING LIMITATION OF THE APPLICABLE APPROPRIATION, THE COST OF ANY PRINTING THEREON REQUIRED TO FIT THEM FOR OFFICIAL USE MUST BE CHARGED TO SUCH LIMITATION, AND THE PRINTING SHOULD BE PROCURED FROM THE GOVERNMENT PRINTING OFFICE UNLESS A CLEARANCE FIRST IS OBTAINED IN ACCORDANCE WITH THE ACT OF JULY 8, 1935. IF FANFOLD FORMS INTERLEAVED WITH CARBON PAPER ARE "MANIFOLD FORMS" SUCH AS ARE REQUIRED BY THE ACT OF JUNE 28, 1902, TO BE CHARGED TO THE PRINTING AND BINDING ALLOTMENT OF THE REQUISITIONING GOVERNMENT ESTABLISHMENT, THEIR ENTIRE COST, INCLUDING ANY PRINTING THEREON--- WHICH IS REQUIRED TO BE DONE AT THE GOVERNMENT PRINTING OFFICE UNLESS PROPER CLEARANCE IS OBTAINED--- IS CHARGEABLE TO THE PRINTING AND BINDING LIMITATION OF THE APPLICABLE APPROPRIATION.

COMPTROLLER GENERAL WARREN TO THE DIRECTOR OF CENSORSHIP, FEBRUARY 13, 1943:

I HAVE YOUR LETTER OF JANUARY 23, 1943, AS FOLLOWS:

THE OFFICE OF CENSORSHIP APPROPRIATION FOR THE FISCAL YEAR 1943 WAS CONTAINED IN THE FIRST SUPPLEMENTAL NATIONAL DEFENSE APPROPRIATION ACT, 1943, APPROVED JULY 25, 1942, PUBLIC LAW 678. SECTION 203 OF THE ACT LIMITS CERTAIN CLASSES OF EXPENDITURES TO AMOUNTS CONTAINED IN THE BUDGET ESTIMATES SUBMITTED TO THE COMMITTEE ON APPROPRIATIONS, HOUSE OF REPRESENTATIVES.

IN VIEW OF THE LIMITATION ESTABLISHED THEREBY ON PRINTING AND BINDING EXPENSES, IT IS REQUESTED THAT THIS OFFICE BE ADVISED CONCERNING THE FOLLOWING THREE POINTS:

1. IS IT NECESSARY TO CHARGE, IN WHOLE OR IN PART, THE COST OF GUMMED LABELS, WHICH REQUIRE A SMALL AMOUNT OF PRINTING INCIDENT TO THEIR MANUFACTURE TO FIT THEM FOR OUR USE, TO THE LIMITATION FOR PRINTING AND BINDING?

2. IS IT NECESSARY TO CHARGE, IN WHOLE OR IN PART, THE COST OF FANFOLD FORMS INTERLEAVED WITH CARBON PAPER, WHICH REQUIRES SOME PRINTING FOR OUR USE, TO THE PRINTING AND BINDING LIMITATION?

3. IF THE ENTIRE COST OF SUCH ITEMS IS NOT CHARGEABLE TO THE PRINTING AND BINDING LIMITATION, IS IT PROPER TO CHARGE TO THE LIMITATION ONLY THAT PART OF THE TOTAL COST INVOLVED IN THE PRINTING PROCESS?

SINCE IT MAY BE NECESSARY FOR THIS AGENCY TO MAKE AN IMMEDIATE REQUEST FOR A REVISION OF ITS PRINTING AND BINDING LIMITATION, YOUR PROMPT CONSIDERATION OF THIS MATTER WILL BE APPRECIATED.

THE APPROPRIATION FOR SALARIES AND EXPENSES, OFFICE OF CENSORSHIP, IN THE FIRST SUPPLEMENTAL NATIONAL DEFENSE APPROPRIATION ACT, 1943, APPROVED JULY 25, 1942, 56 STAT. 706, PUBLIC LAW 678, INCLUDES A SPECIFIC PROVISION FOR "PRINTING AND BINDING" AND THE APPROPRIATION ITSELF CONTAINS NO LIMITATION THEREON. 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. IN ACCORDANCE WITH THE PROVISIONS OF SAID SECTION 203 A LIMITATION APPROPRIATION ACCOUNT 1130900.004 IN THE AMOUNT OF $85,500 HAS BEEN ESTABLISHED UNDER THE HEADING " PRINTING AND BINDING, OFFICE OF CENSORSHIP, 1943.' SECTION 3678, REVISED STATUTES, PROVIDES:

ALL SUMS APPROPRIATED FOR THE VARIOUS BRANCHES OF EXPENDITURES IN THE PUBLIC SERVICE SHALL BE APPLIED SOLELY TO THE OBJECTS FOR WHICH THEY ARE RESPECTIVELY MADE, AND FOR NO OTHERS.

THERE ARE FOR CONSIDERATION, ALSO, THE FOLLOWING STATUTORY PROVISIONS:

ACT OF JUNE 28, 1902, 32 STAT. 481:

THE PUBLIC PRINTER IS AUTHORIZED HEREAFTER TO PROCURE AND SUPPLY, ON THE REQUISITION OF THE HEAD OF ANY EXECUTIVE DEPARTMENT OR OTHER GOVERNMENT ESTABLISHMENT, COMPLETE MANIFOLD BLANKS, BOOKS, AND FORMS, REQUIRED IN DUPLICATING PROCESSES; ALSO COMPLETE PATENTED DEVICES WITH WHICH TO FILE MONEY-ORDER STATEMENTS, OR OTHER UNIFORM OFFICIAL PAPERS, AND TO CHARGE SUCH SUPPLIES TO THE ALLOTMENT FOR PRINTING AND BINDING OF THE DEPARTMENT OR GOVERNMENT ESTABLISHMENT REQUIRING THE SAME.

ACT OF MARCH 1, 1919, 40 STAT. 1270:

* * * PROVIDED FURTHER, THAT ON AND AFTER JULY 1, 1919, ALL PRINTING, BINDING, AND BLANK-BOOK WORK FOR CONGRESS, THE EXECUTIVE OFFICE, THE JUDICIARY, AND EVERY EXECUTIVE DEPARTMENT, INDEPENDENT OFFICE, AND ESTABLISHMENT OF THE GOVERNMENT, SHALL BE DONE AT THE GOVERNMENT PRINTING OFFICE, EXCEPT SUCH CLASSES OF WORK AS SHALL BE DEEMED BY THE JOINT COMMITTEE ON PRINTING TO BE URGENT OR NECESSARY TO HAVE DONE ELSEWHERE THAN IN THE DISTRICT OF COLUMBIA FOR THE EXCLUSIVE USE OF ANY FIELD SERVICE OUTSIDE OF SAID DISTRICT.

ACT OF JUNE 7, 1924, 43 STAT. 592:

THE PUBLIC PRINTER IS HEREBY AUTHORIZED TO PROCURE, UNDER DIRECTION OF THE JOINT COMMITTEE ON PRINTING AS PROVIDED FOR IN THE ACT APPROVED JANUARY 12, 1895, AND FURNISH ON REQUISITION PAPER AND ENVELOPES (NOT INCLUDING ENVELOPES PRINTED IN THE COURSE OF MANUFACTURE) IN COMMON USE BY TWO OR MORE DEPARTMENTS, ESTABLISHMENTS, OR SERVICES OF THE GOVERNMENT IN THE DISTRICT OF COLUMBIA, AND REIMBURSEMENT THEREFOR SHALL BE MADE TO THE PUBLIC PRINTER FROM APPROPRIATIONS OR FUNDS AVAILABLE FOR SUCH PURPOSE; PAPER AND ENVELOPES SO FURNISHED BY THE PUBLIC PRINTER SHALL NOT BE PROCURED IN ANY OTHER MANNER THEREAFTER.

ACT OF JULY 8, 1935, 49 STAT. 475:

SECTION 12 OF THE PRINTING ACT, APPROVED JANUARY 12, 1895 ( U.S.C., TITLE 44, SEC. 14), IS HEREBY AMENDED TO READ AS FOLLOWS:

"THE JOINT COMMITTEE ON PRINTING MAY PERMIT THE PUBLIC PRINTER TO AUTHORIZE ANY EXECUTIVE DEPARTMENT OR INDEPENDENT OFFICE OR ESTABLISHMENT OF THE GOVERNMENT TO PURCHASE DIRECT FOR ITS USE SUCH PRINTING, BINDING, AND BLANK-BOOK WORK, OTHERWISE AUTHORIZED BY LAW, AS THE GOVERNMENT PRINTING OFFICE IS NOT ABLE OR SUITABLY EQUIPPED TO EXECUTE OR AS MAY BE MORE ECONOMICALLY OR IN THE BETTER INTEREST OF THE GOVERNMENT EXECUTED ELSEWHERE; AND SUCH JOINT COMMITTEE ALSO MAY AUTHORIZE THE PUBLIC PRINTER TO PROCURE SERVICES, MATERIALS, AND SUPPLIES FOR USE OF THE GOVERNMENT PRINTING OFFICE WITHOUT REGARD TO THE PROVISIONS OF SECTION 3709 OF THE REVISED STATUTES ( U.S.C., TITLE 41, SEC. 5) WHENEVER THE AGGREGATE AMOUNT INVOLVED IS LESS THAN $50.'

IN THE DECISION 18 COMP. GEN. 565, IT WAS HELD:

PADS, RULED AND UNRULED; PADS, CALENDAR; PADS, COLUMNAR; CARDS, GUIDE, MONTHLY; SHEETS, BACKING (PUNCHED BUT NOT PRINTED); FILLERS, LOOSE-LEAF BINDER; INDICES, LOOSE-LEAF BINDERS; INDICES, TAB, ALPHABETICAL; SHEETS, LEDGER; LABELS, GUMMED; LABELS, DISPENSING SET; LABELS, POISON; PAPER, GRAPH; PAPER, CROSS SECTIONS; PAPER PROFILE; CLOTH, RULED TRACING; CARDS, INDEX, LIBRARY; DIALS, WATCHMAN'S CLOCK; AND OTHER SIMILAR PAPER ARTICLES, IF REGULARLY CARRIED IN STOCK BY DEALERS AND REQUIRING NO PRINTING OR BINDING OPERATION AFTER RECEIPT OF ORDER TO FIT THEM FOR THE USE OF THE PURCHASER AND NOT INCLUDING STENOGRAPHERS' NOTE BOOKS NOR BLANK BOOKS OR OTHER ARTICLES IN BOOK FORM WHICH REQUIRE PRINTING, BINDING, OR RULING OPERATIONS FROM THEIR MANUFACTURE, ARE NOT PRINTING, BINDING, AND BLANK- BOOK WORK FOR PROCUREMENT FROM THE GOVERNMENT PRINTING OFFICE UNDER THE ACT OF MARCH 1, 1919, 40 STAT. 1270, BUT IF THE ARTICLES CONSTITUTE PAPER SUPPLIES REQUIRED BY THE ACT OF JUNE 7, 1924, 43 STAT. 592, TO BE PROCURED FROM THE PUBLIC PRINTER AND ARE CARRIED IN THE SCHEDULES OF SUPPLIES WHICH HE IS PREPARED TO FURNISH UNDER THAT ACT, SUCH SCHEDULES ARE ACCEPTED AS CONTROLLING THE PAPER SUPPLIES WHICH SHOULD BE PROCURED FROM THAT OFFICE.

IN VIEW OF THE FOREGOING, IT MAY BE SAID, WITH RESPECT TO YOUR QUESTION 1, THAT GUMMED LABELS WITHOUT PRINTING WOULD NOT BE REQUIRED TO BE OBTAINED FROM THE GOVERNMENT PRINTING OFFICE AND THE COST THEREOF, EXCLUSIVE OF ANY PRINTING, WOULD NOT BE CHARGEABLE TO YOUR PRINTING AND BINDING LIMITATION. HOWEVER, THE COST OF ANY PRINTING THEREON MUST BE CHARGED TO THE PRINTING AND BINDING LIMITATION AND THE PRINTING SHOULD BE PROCURED FROM THE GOVERNMENT PRINTING OFFICE UNLESS A CLEARANCE FIRST IS OBTAINED IN ACCORDANCE WITH THE ACT OF JULY 8, 1935, SUPRA.

IN THE DECISION 7 COMP. GEN. 712, IT WAS HELD:

MANIFOLD BLANKS, BOOKS, AND FORMS AND PATENTED FILING DEVICES OR LOOSE- LEAF BINDERS COMING WITHIN THE PURVIEW OF THE ACT OF JUNE 28, 1902, 32 STAT. 481, MAY BE PROCURED EITHER FROM THE CONTRACTORS ON THE GENERAL SUPPLY SCHEDULE OR FROM THE GOVERNMENT PRINTING OFFICE, AT THE OPTION OF THE PROCURING SERVICE.

THEREFORE, AS TO QUESTION 2, ASSUMING THAT FANFOLD FORMS ARE MANIFOLD FORMS AS REFERRED TO IN THE ACT OF JUNE 28, 1902, SUPRA, THE ENTIRE COST OF THE FORMS, INCLUDING ANY PRINTING THEREON--- WHICH IS REQUIRED TO BE DONE AT THE GOVERNMENT PRINTING OFFICE UNLESS PROPER CLEARANCE IS OBTAINED --- IS CHARGEABLE TO YOUR PRINTING AND BINDING LIMITATION AS REQUIRED BY THE 1902 ACT.

THE ANSWER TO QUESTION 3 IS COVERED BY THE ANSWERS TO THE TWO OTHER QUESTIONS.