A-7144, MARCH 23, 1925, 4 COMP. GEN. 788

A-7144, MARCH 23, 1925, 4 COMP. GEN. 788

PURCHASES - COLUMBIA INSTITUTION FOR THE DEAF CONGRESS HAVING FOR A NUMBER OF YEARS APPROPRIATED FUNDS FOR THE SUPPORT OF THE COLUMBIA INSTITUTION FOR THE DEAF, AND HAVING IN THE ACT OF JUNE 5, 1924, 43 STAT. 392, SPECIFICALLY NAMED THAT INSTITUTION AS INCLUDED AMONG THE BUREAUS OF THE DEPARTMENT OF THE INTERIOR, IT IS SUBJECT, SO FAR AS APPROPRIATED MONEYS ARE CONCERNED, TO ALL GENERAL LAWS APPLICABLE TO A SERVICE OR BUREAU OF THE DEPARTMENT OF THE INTERIOR. ITS CONTRACTS, WHEN IN EXCESS OF $100, MUST BE ADVERTISED AND EXECUTED IN ACCORDANCE WITH SECTIONS 3709 AND 3744, REVISED STATUTES, AND PURCHASES OF SUPPLIES OF THE KIND LISTED ON THE GENERAL SUPPLY SCHEDULE MUST BE MADE FROM CONTRACTORS ON THAT SCHEDULE. EFFECTIVE APRIL 1, 1925, ALL PRIOR DECISIONS IN CONFLICT WITH THE HOLDING HEREIN WILL NOT BE FOLLOWED.

DECISION BY COMPTROLLER GENERAL MCCARL, MARCH 23, 1925:

THERE IS FOR CONSIDERATION BY THIS OFFICE THE QUESTION WHETHER CONTRACTS BY THE COLUMBIA INSTITUTION FOR THE DEAF ARE REQUIRED TO BE ADVERTISED AND EXECUTED IN ACCORDANCE WITH SECTIONS 3709 AND 3744, REVISED STATUTES; ALSO WHETHER PURCHASES OF SUPPLIES BY THAT INSTITUTION ARE REQUIRED TO BE MADE FROM THE CONTRACTORS ON THE SCHEDULES OF THE GENERAL SUPPLY COMMITTEE WHEN SUCH SUPPLIES ARE LISTED ON SUCH SCHEDULES.

THE ACT OF JUNE 5, 1924, 43 STAT. 392, PROVIDES:

THE PURCHASES OF SUPPLIES AND EQUIPMENT OR THE PROCUREMENT OF SERVICES FOR THE DEPARTMENT OF THE INTERIOR, THE BUREAUS AND OFFICES THEREOF, INCLUDING HOWARD UNIVERSITY AND THE COLUMBIA INSTITUTION FOR THE DEAF, * * * MAY BE MADE IN OPEN MARKET WITHOUT COMPLIANCE WITH SECTIONS 3709 AND 3744 OF THE REVISED STATUTES OF THE UNITED STATES, IN THE MANNER COMMON AMONG BUSINESS MEN, WHEN THE AGGREGATE AMOUNT OF THE PURCHASE OR THE SERVICE DOES NOT EXCEED $100 IN ANY INSTANCE.

SECTION 3709, REVISED STATUTES, REQUIRES THAT ALL PURCHASES AND CONTRACTS FOR SUPPLIES OR SERVICES "IN ANY OF THE DEPARTMENTS OF THE GOVERNMENT" SHALL BE MADE BY ADVERTISING FOR PROPOSALS, AND SECTION 3744, REVISED STATUTES, REQUIRES ALL CONTRACTS MADE BY THE SECRETARY OF THE INTERIOR OR BY OFFICERS UNDER HIM APPOINTED TO MAKE SUCH CONTRACTS, TO BE REDUCED TO WRITING AND SIGNED BY THE CONTRACTING PARTIES WITH THEIR NAMES AT THE END THEREOF.

WHILE THE COLUMBIA INSTITUTION FOR THE DEAF WAS ORIGINALLY INCORPORATED AS A PRIVATE CORPORATION, ACT OF FEBRUARY 16, 1857, 11 STAT. 161, CONGRESS HAS FROM TIME TO TIME EXTENDED THE JURISDICTION OF THE UNITED STATES OVER THE INSTITUTION AND ITS OPERATIONS. SECTION 4867, REVISED STATUTES, REQUIRED ALL OF ITS EXPENDITURES FROM APPROPRIATED FUNDS TO BE REPORTED TO CONGRESS; SECTION 4868, REVISED STATUTES, REQUIRES A REPORT OF THE VARIOUS ACTIVITIES TO BE MADE EACH YEAR TO THE SECRETARY OF THE INTERIOR; SECTION 4863 REQUIRES THE APPOINTMENT ON THE BOARD OF DIRECTORS OF ONE SENATOR AND TWO MEMBERS OF THE HOUSE OF REPRESENTATIVES; AND SECTION 4861 PROHIBITS THE SALE OF ANY PORTION OF THE REAL ESTATE OF THAT INSTITUTION EXCEPT UNDER AUTHORITY OF A SPECIAL ACT OF CONGRESS.

WHILE NOT TECHNICALLY A "DEPARTMENT" IN ITSELF, CONGRESS HAS BY ITS VARIOUS ACTS PLACED IT UNDER THE JURISDICTION OF THE SECRETARY OF THE INTERIOR IN SO FAR AS ITS APPROPRIATIONS AND CONTRACTS ARE CONCERNED. APPROPRIATIONS FOR THE MAJOR PART OF ITS SUPPORT ARE MADE EACH YEAR IN THE APPROPRIATIONS FOR THE INTERIOR DEPARTMENT AND NOW, IN THE ACT OF JUNE 5, 1924, SUPRA, THE CONGRESS HAS SPECIFICALLY NAMED THAT INSTITUTION AS BEING INCLUDED AMONG THE BUREAUS OR OFFICES OF THE INTERIOR DEPARTMENT.

I AM CONSTRAINED TO HOLD, THEREFORE, THAT SO FAR AS RESTRICTIONS ON THE EXPENDITURES OF APPROPRIATED MONEYS ARE CONCERNED THE COLUMBIA INSTITUTION FOR THE DEAF IS SUBJECT TO ALL GENERAL LAWS APPLICABLE TO A SERVICE OR BUREAU OF THE DEPARTMENT OF THE INTERIOR. ITS CONTRACTS SHOULD ACCORDINGLY BE ADVERTISED AND EXECUTED IN ACCORDANCE WITH SECTIONS 3709 AND 3744, REVISED STATUTES, SUBJECT TO THE EXCEPTIONS IN THE ACT OF JUNE 5, 1924, SUPRA, AND ALL PURCHASES OF SUPPLIES LISTED ON THE SCHEDULES OF THE GENERAL SUPPLY COMMITTEE SHOULD BE MADE FROM THE CONTRACTORS ON THAT SCHEDULE.

ALL PRIOR DECISIONS IN CONFLICT WITH THE HOLDING HEREIN WILL NOT BE FOLLOWED HEREAFTER. AS THIS CHANGES A PRACTICE ESTABLISHED UNDER PRIOR DECISIONS IT WILL BE GIVEN EFFECT TO AS OF APRIL 1, 1925, AND EXPENDITURES INCURRED PRIOR TO THAT DATE WILL BE CONSIDERED UNDER THE DECISIONS PREVIOUSLY IN FORCE.