B-151204, B-157587, JANUARY 10, 1969, 48 COMP. GEN. 462

B-151204, B-157587, JANUARY 10, 1969, 48 COMP. GEN. 462

EQUIPMENT - AUTOMATIC DATA PROCESSING SYSTEMS - WHAT CONSTITUTES SUPPLIES THE EXCLUSIVE AUTHORITY PRESCRIBED BY PUBLIC LAW 89-306 TO THE GENERAL SERVICES ADMINISTRATION TO PROCURE ALL GENERAL-PURPOSE AUTOMATIC DATA PROCESSING EQUIPMENT AND RELATED SUPPLIES AND EQUIPMENT FOR USE BY OTHER AGENCIES INCLUDES THE PROCUREMENT OF PUNCH CARDS AND TABULATING PAPER, EVEN IF THESE ITEMS ARE CONSIDERED THE PRINTING, BINDING, AND BLANK-BOOK WORK THAT 44 U.S.C. 111 PROVIDES "SHALL BE DONE AT THE GOVERNMENT PRINTING OFFICE," AS THE EXCLUSIVE JURISDICTION OF GSA IN THE ADFE FIELD SUPERSEDES ANY OTHER AUTHORITY AND, THEREFORE, THE ITEMS MAY BE ADDED TO THE DEFINITION OF SUPPLIES IN SECTION 101 32.402-4 OF THE FEDERAL PROPERTY MANAGEMENT REGULATIONS. HOWEVER, TO ACHIEVE ECONOMY AND EFFICIENCY, THE AUTHORITY OF GSA MAY BE DELEGATED IF GPO CAN PROCURE THE ITEMS ON MORE FAVORABLE TERMS.

TO THE ADMINISTRATOR, GENERAL SERVICES ADMINISTRATION, JANUARY 10, 1969:

BY LETTER OF DECEMBER 12, 1968, COMMISSIONER H. A. ABERSFELLER REQUESTED OUR OPINION REGARDING THE APPLICABILITY OF PUBLIC LAW 89-306, 79 STAT. 1127, 40 U.S.C. 759, TO THE PROCUREMENT OF AUTOMATIC DATA PROCESSING EQUIPMENT PUNCH CARDS AND TABULATING PAPER.

PUBLIC LAW 89-306 IN ADDING A NEW SECTION 111 TO THE FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF 1949, PROVIDED GENERALLY FOR A BUSINESS- LIKE GOVERNMENT-WIDE COORDINATED MANAGEMENT EFFORT DIRECTED TOWARD MAXIMIZING THE EFFICIENCY OF GOVERNMENT ADPE OPERATIONS. IN CONSTRUING THE ACT WITH RESPECT TO DEFINING THE AUTHORITY OF THE GENERAL SERVICES ADMINISTRATION UNDER ITS PROVISIONS, WE CONCLUDED IN A DECISION DATED NOVEMBER 21, 1967, 47 COMP. GEN. 275, THAT PUBLIC LAW 89-306 PROVIDES:

* * * EXCLUSIVE AUTHORITY TO GSA TO PROCURE ALL GENERAL-PURPOSE ADPE AND RELATED SUPPLIES AND EQUIPMENT FOR USE BY OTHER FEDERAL AGENCIES.

THE COMMISSIONER POINTS OUT THAT PURSUANT TO THIS EXCLUSIVE AUTHORITY GSA IS IN THE PROCESS OF REVISING THE FEDERAL PROPERTY MANAGEMENT REGULATIONS TO COVER THE PROCUREMENT OF ADPE AND RELATED SUPPLIES. SECTION 101-32.402 -4 OF THE PROPOSED FPMR REVISION SETS OUT THE DEFINITION OF SUPPLIES" AS MEANING "CONSUMABLE ITEMS DESIGNED SPECIFICALLY FOR USE WITH ADPE, SUCH AS COMPUTER TAPE, RIBBONS, PUNCH CARDS, AND TABULATING PAPER.' SECTION 101- 32.406, PROCUREMENT OF SUPPLIES, SPELLS OUT THAT AGENCIES SHALL ACQUIRE ADPE SUPPLIES, PRIMARILY THROUGH GSA SOURCES AND SECONDARILY THROUGH GOVERNMENT PRINTING OFFICE SOURCES IF THE REQUIRED SUPPLIES ARE NOT AVAILABLE THROUGH GSA.

IN COMMENTING UPON THE PROPOSED FPMR REVISION THE PUBLIC PRINTER HAS TAKEN THE POSITION THAT AS "PRINTING AND BINDING," PUNCHED CARDS AND TABULATING PAPER ARE NOT SUPPLIES WITHIN THE MEANING OF OUR DECISION AND ARE OUTSIDE THE SCOPE OF GSA'S JURISDICTION UNDER PUBLIC LAW 89-306. THE BASIS FOR THE PUBLIC PRINTER'S VIEW LIES ESSENTIALLY IN THE PROVISION OF SECTION 111 OF TITLE 44, UNITED STATES CODE, THAT:

ALL GOVERNMENT PRINTING, BINDING, AND BLANK-BOOK WORK * * * (WITH CERTAIN EXCEPTIONS NOT PERTINENT HERE) * * * SHALL BE DONE AT THE GOVERNMENT PRINTING OFFICE * * *.

ASSUMING THAT PUNCHED CARDS AND TABULATING PAPER CONSTITUTE "PRINTING, BINDING, (OR) BLANK-BOOK WORK" WITHIN THE MEANING OF THE QUOTED STATUTORY PROVISION, QUESTION ARISES AS TO WHETHER THESE ITEMS ARE WITHIN THE STATED JURISDICTION OF THE GOVERNMENT PRINTING OFFICE OR WITHIN THE EXCLUSIVE JURISDICTION OF GSA WITH RESPECT TO PROCUREMENT OF ADPE AND RELATED SUPPLIES. WE UNDERSTAND THAT THE ITEMS IN QUESTION ARE USED VIRTUALLY EXCLUSIVELY WITH ADPE. AND WE UNDERSTAND FURTHER THAT THE GPO DOES NOT PROCESS THEM IN ANY WAY BUT PROVIDES ONLY FOR THEIR PROCUREMENT.

AS WE HAVE CONSTRUED IN PUBLIC LAW 89-306, IT PROVIDES FOR GOVERNMENT- WIDE COORDINATION OF ADPE OPERATIONS. THESE OPERATIONS NECESSARILY INCLUDE PROCUREMENT AND MANAGEMENT NOT ONLY OF ITEMS OF BASIC EQUIPMENT BUT OF RELATED ITEMS OF SUPPLY ESSENTIAL TO THE FUNCTIONING OF ADP INSTALLATIONS. IN THIS REGARD, WE FIND NO BASIS FOR DISTINGUISHING BETWEEN PUNCHED CARDS OR TABULATING PAPER AND, SAY, MAGNETIC TAPE, DESPITE THE FACT THAT THE FORMER COME UNDER A TECHNICAL DEFINITION OF ,PRINTING AND BINDING" WHILE THE LAST ITEM MENTIONED DOES NOT.

ANY DOUBT CONCERNING THE PARAMOUNT JURISDICTION OF GSA IN TERMS OF ITS EXCLUSIVE AUTHORITY OVER ADPE AND THE INAPPLICABILITY OF 44 U.S.C. 111 IS DISPELLED BY THE PROVISIONS OF SUBSECTION 111 (E) OF THE PROPERTY ACT AS ADDED BY PUBLIC LAW 89-306. SUBSECTION 111 (E), 40 U.S.C. 759 (E), READS:

THE PROVISO FOLLOWING PARAGRAPH (4) IN SECTION 201 (A) OF THIS ACT AND THE PROVISIONS OF SECTION 602 (D) OF THIS ACT SHALL HAVE NO APPLICATION IN THE ADMINISTRATION OF THIS SECTION. NO OTHER PROVISION OF THIS ACT OR ANY OTHER ACT WHICH IS INCONSISTENT WITH THE PROVISIONS OF THIS SECTION SHALL BE APPLICABLE IN THE ADMINISTRATION OF THIS SECTION.

SECTION 602 (D), 40 U.S.C. 474, REFERRED TO IN THE QUOTED SUBSECTION INCLUDES A NUMBER OF EXCEPTIONS TO APPLICATION OF THE PROPERTY ACT, AMONG THEM BEING ONE FOR THE JOINT COMMITTEE ON PRINTING, 602 (D) (18), 40 U.S.C. 474 (18). BY REMOVING THIS EXEMPTION FOR THE JOINT COMMITTEE ON PRINTING AND SPECIFICALLY RULING OUT THE APPLICABILITY OF LEGISLATION INCONSISTENT WITH THE NEW SECTION 111 OF THE PROPERTY ACT, SUBSECTION 111 (E) CLEARLY ESTABLISHES THE EXCLUSIVE JURISDICTION OF GSA IN THE ADPE FIELD AS SUPERSEDING ANY OTHER GENERAL AUTHORITY OR REQUIREMENT WHICH MIGHT EXIST. THE FACT THAT SUCH AUTHORITY OR REQUIREMENT MIGHT COVER ITEMS WHICH WOULD OTHERWISE BE CLASSIFIED AS "PRINTING, BINDING,OR BLANK- BOOK WORK" IS OF NO CONSEQUENCE.

ACCORDINGLY, YOU ARE ADVISED THAT PUNCHED CARDS AND TABULATING PAPER WHICH ARE FOR USE VIRTUALLY EXCLUSIVELY WITH ADPE CONSTITUTE RELATED SUPPLIES WITHIN THE MEANING OF OUR DECISION OF NOVEMBER 21, 1967, AND COME UNDER THE EXCLUSIVE JURISDICTION OF GSA TO PROCURE.

WE WOULD ADD, HOWEVER, THAT THE BASIC PURPOSE OF PROVIDING GSA EXCLUSIVE JURISDICTION IN THE ADPE FIELD IS, OF COURSE, TO PROMOTE EFFICIENT GOVERNMENT ADP OPERATIONS. AND SUBSECTION 111 (B) (2), 40 U.S.C. 759 (B) (2), PROVIDES FOR DELEGATIONS OF GSA AUTHORITY WHEN SUCH ACTION IS DETERMINED TO BE NECESSARY FOR ECONOMY AND EFFICIENCY OF OPERATIONS. WE, THEREFORE, WOULD EXPECT THAT IF, IN FACT, THE GOVERNMENT PRINTING OFFICE FOR SOME REASON IS ABLE TO PROCURE THE ITEMS IN QUESTION ON MORE FAVORABLE TERMS THAN CAN GSA, THAT AN APPROPRIATE DELEGATION OF PROCUREMENT AUTHORITY WOULD ISSUE.