B-96007, JULY 6, 1950, 30 COMP. GEN. 1

B-96007, JULY 6, 1950, 30 COMP. GEN. 1

APPROPRIATIONS - AVAILABILITY - DECALCOMANIAS DECALCOMANIA TRANSFERS CARRIED AS STOCK ITEMS AVAILABLE AT ALL TIMES TO THE PUBLIC GENERALLY AND WHICH DO NOT REQUIRE ANY PRINTING OPERATION AFTER RECEIPT OF AN ORDER ARE NOT TO BE CONSTRUED AS PRINTING REQUIRED TO BE PROCURED FROM THE GOVERNMENT PRINTING OFFICE PURSUANT TO THE ACT OF MARCH 1, 1919, AS AMENDED, SO THAT THE SOIL CONSERVATION SERVICE MAY CHARGE THE COST THEREOF TO ITS APPROPRIATION LIMITATION FOR OPERATIONS. 24 COMP. GEN. 608, DISTINGUISHED.

COMPTROLLER GENERAL WARREN TO W. R. FRANCE, DEPARTMENT OF AGRICULTURE, JULY 6, 1950:

THERE HAS BEEN RECEIVED YOUR LETTER OF JUNE 6, 1950, FORWARDING A VOUCHER STATED IN FAVOR OF DURO DECAL COMPANY, INC., CHICAGO, ILLINOIS, WHICH HAS BEEN PRESENTED TO YOU FOR CERTIFICATION, AND REQUESTING A DECISION AS TO WHETHER THE PURCHASE PROPERLY MAY BE PAID FOR FROM THE APPROPRIATION STATED ON THE VOUCHER.

YOU STATE THAT THE PROPOSED PAYMENT IS FOR DECALCOMANIA TRANSFERS USED TO LETTER AND NUMBER GOVERNMENT AUTOMOTIVE EQUIPMENT AND THAT THE TRANSFERS ARE NOT PRINTED EXCLUSIVELY FOR THE SOIL CONSERVATION SERVICE BUT ARE STOCK ITEMS AVAILABLE AT ALL TIMES TO THE PUBLIC GENERALLY. FOR THIS REASON, YOU PROPOSE TO CHARGE THE EXPENSE TO THE APPROPRIATION LIMITATION FOR SOIL CONSERVATION OPERATIONS SINCE PAYMENT FROM THAT FUND WOULD NOT APPEAR TO BE IN CONTRAVENTION OF THE ACT OF MARCH 1, 1919, 40 STAT. 1270, AS AMENDED, 44 U.S.C. 111. HOWEVER, IN VIEW OF THE HOLDING IN 24 COMP. GEN. 608, YOU EXPRESS DOUBT AS TO WHETHER THE EXPENDITURE MAY NOT BE A PROPER CHARGE AGAINST THE APPROPRIATION LIMITATION FOR PRINTING AND BINDING.

THE ACT OF MARCH 1, 1919, AS AMENDED, SUPRA, PROVIDES:

ALL PRINTING, BINDING, AND BLANK-BOOK WORK FOR CONGRESS, THE EXECUTIVE OFFICE, THE JUDICIARY (OTHER THAN THE SUPREME COURT OF THE UNITED STATES), AND EVERY EXECUTIVE DEPARTMENT, INDEPENDENT OFFICE, AND ESTABLISHMENT OF THE GOVERNMENT, SHALL BE DONE AT THE GOVERNMENT PRINTING OFFICE, EXCEPT (1) SUCH CLASSES OF WORK AS SHALL BE DEEMED BY THE JOINT COMMITTEE ON PRINTING TO BE URGENT OR NECESSARY TO HAVE DONE ELSEWHERE; AND (2) PRINTING IN FIELD PRINTING PLANTS OPERATED BY ANY SUCH EXECUTIVE DEPARTMENT, INDEPENDENT OFFICE, OR ESTABLISHMENT, AND THE PROCUREMENT OF PRINTING BY ANY SUCH EXECUTIVE DEPARTMENT, INDEPENDENT OFFICE, OR ESTABLISHMENT FROM ALLOTMENTS FOR CONTRACT FIELD PRINTING, IF APPROVED BY THE JOINT COMMITTEE ON PRINTING.

PROVISIONS OF THIS NATURE HAVE BEEN CONSTRUED BY THE ACCOUNTING OFFICERS OF THE GOVERNMENT AS APPLYING TO INSTANCES WHERE THE ITEMS INVOLVED ARE TO BE PRINTED FOR THE PROCURING AGENCY AFTER THE ORDER FOR SUCH ITEMS IS PLACED. IN 18 COMP. GEN. 565, ITEMS SUCH AS CALENDAR PADS, ALPHABETICAL TABS, ETC., WHICH ARE REGULARLY CARRIED IN STOCK BY DEALERS AND WHICH REQUIRE NO PRINTING OR BINDING OPERATION AFTER THE RECEIPT OF AN ORDER, TO FIT THEM FOR THE USE OF THE PURCHASERS, WERE CONSTRUED AS NOT WITHIN THE PROVISIONS OF THE ACT OF MARCH 1, 1919. SEE, ALSO, 16 COMP. GEN. 145; ID. 788, WITH RESPECT TO THE PURCHASE OF TAGS.

THE DECISION, 24 COMP. GEN. 608, CITED IN YOUR LETTER, HELD THAT THE MANUFACTURE OF DECALCOMANIA IS A PRINTING PROCESS AND AS SUCH THESE ITEMS WOULD BE REQUIRED TO BE PROCURED FROM THE PUBLIC PRINTER, OR OTHERWISE, IN ACCORDANCE WITH THE PROVISIONS OF THE 1919 ACT. HOWEVER, THAT DECISION WAS CONCERNED WITH THE QUESTION THEREIN SUBMITTED, THAT IS, THE PURCHASE OF DECALCOMANIA IN ACCORDANCE WITH CERTAIN SPECIFICATIONS AND, OF NECESSITY, REQUIRING THE PRINTING OPERATION AFTER THE RECEIPT OF THE ORDER.

IT IS THE UNDERSTANDING OF THIS OFFICE THAT THE DECALCOMANIA ITEMS INVOLVED IN THE PRESENT VOUCHER, WHILE REQUIRING A PRINTING OPERATION IN THEIR MANUFACTURE, WILL REQUIRE NO PROCESSING AFTER RECEIPT OF THE ORDER BUT ARE STOCK ITEMS AVAILABLE TO THE PUBLIC GENERALLY. ACCORDINGLY, THE PURCHASE OF THESE ITEMS IS NOT TO BE CONSTRUED AS WITHIN THE PROVISIONS OF THE 1919 ACT, AS AMENDED, AND, SINCE IT DOES NOT INVOLVE PRINTING AND BINDING, MAY BE CHARGED TO THE APPROPRIATION STATED ON THE VOUCHER.

THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT IF OTHERWISE CORRECT.