B-47014, FEBRUARY 9, 1945, 24 COMP. GEN. 608

B-47014, FEBRUARY 9, 1945, 24 COMP. GEN. 608

PRINTING - STATUS OF DECALCOMANIA IN VIEW OF THE OPINION OF THE PUBLIC PRINTER THAT THE MANUFACTURE OF DECALCOMANIA INVOLVES A PRINTING PROCESS, SUCH ARTICLES ARE REQUIRED TO BE PROCURED FROM THE GOVERNMENT PRINTING OFFICE PURSUANT TO SECTION 11 OF THE ACT OF MARCH 1, 1919, UNLESS A CLEARANCE BE OBTAINED FROM THE PUBLIC PRINTER, AS AUTHORIZED BY THE ACT OF JULY 8, 1935.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF COMMERCE, FEBRUARY 9, 1945:

THERE HAS BEEN CONSIDERED YOUR LETTER OF JANUARY 12, 1945, AS FOLLOWS:

ON OCTOBER 30, 1944, THE CIVIL AERONAUTICS ADMINISTRATION ISSUED PURCHASE ORDER 45-1512 IN FAVOR OF THE PROCUREMENT DIVISION OF THE TREASURY DEPARTMENT FOR THE PURCHASE OF DECALCOMANIA WHICH IS APPLIED TO AIRPLANES, CARS, AND OTHER PROPERTY OF THE CIVIL AERONAUTICS ADMINISTRATION FOR IDENTIFICATION PURPOSES. THIS PURCHASE ORDER WAS RETURNED WITH THE EXPLANATION THAT THE PROCUREMENT DIVISION HAD BEEN INFORMED THAT THE GOVERNMENT PRINTING OFFICE REGARDS THE MANUFACTURE OF DECALCOMANIA AS INVOLVING A PRINTING PROCESS AND PURCHASE CANNOT BE MADE BY THE PROCUREMENT DIVISION WITHOUT CLEARANCE FROM THE GOVERNMENT PRINTING OFFICE. A COPY OF THIS PURCHASE ORDER IS ATTACHED.

DECALCOMANIA IS A PROCESS OF TRANSFERRING PRINTS FROM PAPER TO GLASS, PORCELAIN AND OTHER SURFACES. WE UNDERSTAND THAT THE MANUFACTURE OF DECALCOMANIA INVOLVES THE FOLLOWING PROCESS. SKETCHES OF A DESIRED DESIGN ARE SENT TO THE MANUFACTURER WHERE THEY ARE PHOTOGRAPHED AND INDIVIDUAL NEGATIVES ARE MADE FOR EACH COLOR. IMPRESSIONS ARE MADE FROM PRINTS OF THESE NEGATIVES AND THESE IMPRESSIONS ARE TRANSFERRED TO STONES FROM WHICH THE DESIGNS ARE TO BE LITHOGRAPHED. LITHOGRAPHING IS THE ART OF PRODUCING PRINTED MATTER FROM A STONE ON WHICH A DESIGN HAS BEEN MADE IN A SOAPY INK OR OTHER SUITABLE MATERIALS.

THE PAPER USED IN THE LITHOGRAPHING PROCESS IS DIFFERENT FROM ANY OTHER TYPE OF PAPER SINCE IT IS USED ONLY AS A BASE UPON WHICH THE DESIGN IS IMPRESSED. THE PAPER IS PREPARED BY BEING COATED" WITH A HEAVY, FLEXIBLE WHITE MATERIAL. IT IS THEN LACQUERED AND FURTHER BUILT UP BY ANOTHER COATING OF BODY MATERIAL AND IS AGAIN LACQUERED.

THE DESIGNS PREPARED AS DESCRIBED ABOVE ARE THEN IMPRESSED UPON THE PREPARED PAPER, EACH COLOR BEING LITHOGRAPHED SEPARATELY, SOME COLORS HAVING AS MANY AS FOUR IMPRESSIONS IN ORDER TO GIVE BODY TO THE COLOR. AFTER ALL COLORS HAVE BEEN APPLIED, THE SHEETS ARE THEN GIVEN ANOTHER COATING OF LACQUER. AFTER DRYING, EACH INDIVIDUAL DESIGN IS CUT OUT OF THE SOLID SHEET. THE DESIGNS ARE THEN WAX SHEETED BETWEEN EACH DESIGN AND PACKED FOR SHIPPING. UPON RECEIPT OF THE DECALCOMANIA BY THE CIVIL AERONAUTICS ADMINISTRATION THE WAX SHEET IS REMOVED AND THE DESIGN IS TRANSFERRED FROM THE PAPER BASE TO THE OBJECT SELECTED TO BE MARKED.

THE CIVIL AERONAUTICS ADMINISTRATION HAS PURCHASED DECALCOMANIA FROM MANUFACTURERS FOR MANY YEARS WITHOUT CLEARANCE FROM THE GOVERNMENT PRINTING OFFICE IN THE BELIEF THAT THE MANUFACTURE OF DECALCOMANIA IS NOT "PRINTING, BINDING, AND BLANK-BOOK WORK" AS CONTAINED IN SECTION 111, TITLE 44 OF THE U.S. CODE, WHICH PROVIDES, IN PART, THAT:

"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 * * *.'

IN VIEW OF THE METHODS PREVIOUSLY FOLLOWED NO MONEY HAS BEEN INCLUDED IN OUR ESTIMATES FOR PRINTING AND BINDING TO COVER SUCH PURCHASES.

SINCE NO FORMAL RULING BY THE COMPTROLLER GENERAL DEALING SPECIFICALLY WITH THIS SUBJECT HAS BEEN FOUND YOUR DECISION IS REQUESTED WHETHER DECALCOMANIA MAY BE PURCHASED BY THE CIVIL AERONAUTICS ADMINISTRATION THROUGH THE PROCUREMENT DIVISION OF THE TREASURY DEPARTMENT WITHOUT CLEARANCE FROM THE GOVERNMENT PRINTING OFFICE OR WHETHER THE MANUFACTURE OF SUCH AN ARTICLE IS INCLUDED WITHIN THE TERM "PRINTING" AS USED IN THE ABOVE-QUOTED STATUTE.

UPON RECEIPT OF YOUR LETTER THIS OFFICE REQUESTED A REPORT FROM THE PUBLIC PRINTER WITH RESPECT TO THE MATTER AND, UNDER DATE OF JANUARY 29, 1945 THAT OFFICIAL REPORTED, AS FOLLOWS:

THE FOLLOWING INFORMATION IS SUPPLIED IN REPLY TO YOUR INQUIRY OF JANUARY 26 (B-47014) REGARDING PROCUREMENT OF DECALCOMANIAS.

IN THE OPINION OF THIS OFFICE THE MANUFACTURE OF SUCH ARTICLES DOES INVOLVE A PRINTING PROCESS. DECALCOMANIAS ARE PRODUCED BY PROCESSES SIMILAR TO THOSE WHICH APPLY TO GENERAL PRINTING. THE EQUIPMENT USED IS IDENTICAL. EMPLOYEES ENGAGED IN THE WORK ARE CLASSIFIED AS COMPOSITORS, PRESSMEN, PLATEMAKERS, BINDERY OPERATORS, ETC., AND ARE AFFILIATED WITH THE REGULAR PRINTING AND ALLIED TRADE ORGANIZATIONS.

THE GOVERNMENT PRINTING OFFICE IS IN A POSITION TO FURNISH DECALCOMANIAS TO ANY DEPARTMENT OF THE GOVERNMENT WHICH REQUIRES THEM. IF IT APPEARS TO BE IN THE BETTER INTEREST OF THE GOVERNMENT TO DO SO, I WILL ISSUE A WAIVER SO THAT THEY MAY BE PROCURED FROM ANY SOURCE WHICH CAN PRINT OR FURNISH THEM.

HAVING REGARD FOR THE PUBLIC PRINTER'S POSITION IN THE SERVICE OF THE GOVERNMENT, HIS OPINION AS TO WHAT CONSTITUTES A PRINTING PROCESS NATURALLY CARRIES GREAT WEIGHT AND, IN THE ABSENCE OF A SHOWING DEFINITELY ESTABLISHING SUCH OPINION TO BE CLEARLY ERRONEOUS, THIS OFFICE IS INCLINED TO ADOPT HIS VIEWS IN SUCH MATTERS. THE VARIOUS STEPS EMPLOYED IN THE MANUFACTURE OF DECALCOMANIA, AS DESCRIBED IN YOUR LETTER, COUPLED WITH THE SEVERAL CLASSES OF EMPLOYEES INVOLVED IN SUCH MANUFACTURE AS SET OUT IN THE PUBLIC PRINTER'S REPORT, SUPRA, SEEM REASONABLY TO SUPPORT THE PUBLIC PRINTER'S VIEW THAT THE MANUFACTURE OF SUCH ARTICLES INVOLVES A PRINTING PROCESS.

IN THE LIGHT OF THE FOREGOING, I HAVE TO ADVISE THAT THE ARTICLES INVOLVED ARE REQUIRED TO BE PROCURED FROM THE GOVERNMENT PRINTING OFFICE PURSUANT TO SECTION 11 OF THE ACT OF MARCH 1, 1919, 40 STAT. 1270 (44 U.S.C. 111), UNLESS A CLEARANCE BE OBTAINED FROM THE PUBLIC PRINTER, AS AUTHORIZED BY THE ACT OF JULY 8, 1935, 49 STAT. 475. HOWEVER, IN VIEW OF THE REPRESENTATIONS MADE IN YOUR LETTER WITH RESPECT TO PREVIOUS PROCUREMENTS OF LIKE CHARACTER AND THAT NO AMOUNT THEREFOR WAS INCLUDED IN YOUR ESTIMATES FOR PRINTING AND BINDING FOR THE CURRENT FISCAL YEAR, THIS OFFICE WILL NOT OBJECT TO THE CHARGING OF THE COST OF SUCH PROCUREMENTS DURING SAID FISCAL YEAR TO AN APPROPRIATE APPROPRIATION OTHER THAN THAT FOR PRINTING AND BINDING, EVEN THOUGH THEY BE OBTAINED FROM THE GOVERNMENT PRINTING OFFICE.