A-9778, FEBRUARY 17, 1927, 6 COMP. GEN. 538

A-9778, FEBRUARY 17, 1927, 6 COMP. GEN. 538

NATIONAL GUARD CONTRACTS THE PROVISION OF THE ACT OF MARCH 4, 1915, 38 STAT. 1078, PERMITTING CERTAIN CONTRACTS TO BE MADE WITHOUT BEING REDUCED TO WRITING AND SIGNED BY THE CONTRACTING PARTIES, IS APPLICABLE TO CONTRACTS FOR THE NATIONAL GUARD AS WELL AS THOSE FOR THE REGULAR ARMY BUT DOES NOT APPLY TO CONTRACTS WHICH ARE NOT TO BE PERFORMED WITHIN 60 DAYS OR WHICH EXCEED $500 IN AMOUNT.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF WAR, FEBRUARY 17, 1927:

THERE HAS BEEN RECEIVED YOUR LETTER OF FEBRUARY 11, 1927, WHEREIN YOU REFER TO DECISION DATED JUNE 3, 1925, 4 COMP. GEN. 1010, AND REQUEST THAT IT BE RECONSIDERED "WITH A VIEW TO APPLYING TO THE NATIONAL GUARD THE ACT OF MARCH 4, 1915," 38 STAT. 1078, WHICH, YOU STATE,"MAKES PROVISIONS WHEREBY CONTRACTS WHICH ARE TO BE PERFORMED WITHIN 60 DAYS MAY EXCEED $500 LIMITATION REFERRED TO ABOVE "UNDER SUCH REGULATIONS AS MAY BE PRESCRIBED BY THE QUARTERMASTER GENERAL.'

THE DECISION OF JUNE 3, 1925, WAS TO THE EFFECT THAT THE STATUTES REFERRED TO THEREIN REQUIRE CONTRACTS FOR THE NATIONAL GUARD TO BE MADE AS SIMILAR CONTRACTS ARE MADE FOR THE REGULAR ARMY; THAT CONTRACTS FOR THE NATIONAL GUARD "MUST COMPLY WITH ALL FEDERAL REQUIREMENTS.' ANY EXCEPTIONS, THEREFORE, TO THE REQUIREMENTS OF SECTIONS 3709 AND 3744 TO 3747, REVISED STATUTES, APPLICABLE TO THE REGULAR ARMY, ARE ALSO APPLICABLE TO THE NATIONAL GUARD. IN OTHER WORDS, THE ACT OF MARCH 4, 1915, MAKING EXCEPTIONS TO SECTION 3744, REVISED STATUES, IS EQUALLY APPLICABLE TO THE REGULAR ARMY AND THE NATIONAL GUARD.

HOWEVER, YOUR ATTENTION IS INVITED IN THIS CONNECTION TO THE FACT THAT THE ACT OF MARCH 4, 1915, DOES NOT, AS STATED BY YOU,"MAKE PROVISIONS WHEREBY CONTRACTS WHICH ARE TO BE PERFORMED WITHIN 60 DAYS MAY EXCEED $500 LIMITATION * * * "UNDER SUCH REGULATIONS AS MAY BE PRESCRIBED BY THE QUARTERMASTER GENERAL.'" IT IS ONLY WHERE A CONTRACT MADE ON BEHALF OF THE GOVERNMENT BY THE QUARTERMASTER GENERAL OR BY OFFICERS OF THE QUARTERMASTER CORPS IS TO BE PERFORMED WITHIN 60 DAYS AND IS FOR LESS THAN $500 THAT IT MAY BE MADE UNDER SUCH REGULATIONS AS MAY BE PRESCRIBED BY THE QUARTERMASTER GENERAL. SEE EXPORT OIL CORPORATION V. UNITED STATES, 57 CT.CLS. 519, WHERE THE COURT REFERRED TO THE ACT OF MARCH 4, 1915, AND SAID:

THE MEANING OF THAT CLAUSE OF THE STATUTE WHICH PROVIDES "IN ALL OTHER CASES CONTRACTS SHALL BE ENTERED INTO UNDER SUCH REGULATIONS AS SHALL BE PRESCRIBED BY THE QUARTERMASTER GENERAL" IS THAT ALL CONTRACTS WHICH ARE TO BE PERFORMED IN SIXTY DAYS AND WHICH ARE NOT IN EXCESS OF $500 SHALL BE ENTERED INTO UNDER REGULATIONS PRESCRIBED BY THE QUARTERMASTER GENERAL. THIS CONTRACT WAS IN EXCESS OF $500, AND THEREFORE DOES NOT COME WITHIN THE PROVISIONS OF THAT CLAUSE OF THE STATUTE.

ANSWERING YOUR QUESTION SPECIFICALLY, YOU ARE ADVISED THAT CONTRACTS FOR THE NATIONAL GUARD TO BE PERFORMED WITHIN 60 DAYS AND FOR $500 OR LESS IN AMOUNT MAY BE ENTERED INTO UNDER SUCH REGULATIONS AS THE QUARTERMASTER GENERAL MAY PRESCRIBE.