B-47237, FEBRUARY 3, 1945, 24 COMP. GEN. 588

B-47237, FEBRUARY 3, 1945, 24 COMP. GEN. 588

PRINTING AND BINDING APPROPRIATION APPLICABILITY - MANIFOLD FORMS; OFFSET MASTERS; STENCIL SHEETS WITH DIE IMPRESSIONS UNDER THE ACT OF JUNE 28, 1902, AUTHORIZING THE PUBLIC PRINTER TO PROCURE AND SUPPLY MANIFOLD FORMS ON REQUISITION OF THE HEAD OF ANY EXECUTIVE DEPARTMENT OR OTHER GOVERNMENT ESTABLISHMENT, AND TO CHARGE THE SUPPLIES TO THE PRINTING AND BINDING ALLOTMENT OF SUCH DEPARTMENT OR ESTABLISHMENT, MANIFOLD FORMS REQUIRING NO PRINTING OR BINDING OPERATION TO FIT THEM FOR USE MAY BE PROCURED EITHER FROM THE GOVERNMENT PRINTING OFFICE OR ELSEWHERE, BUT THE COST THEREOF MUST BE CHARGED TO A PRINTING AND BINDING APPROPRIATION RATHER THAN TO ONE FOR SUPPLIES. (OVERRULED IN PART BY 24 COMP. GEN. 690.) OFFSET MASTERS, CUT SHEETS OR CONTINUOUS, MARGINALLY PUNCHED OR UNPUNCHED, CONSISTING OF SPECIALLY TREATED PAPER WITHOUT PRINTING, ALL MATTER TO BE REPRODUCED BEING ADDED BY TYPEWRITER OR TABULATING EQUIPMENT, MAY BE PROCURED WITHOUT CLEARANCE FROM THE GOVERNMENT PRINTING OFFICE AND THE COST CHARGED TO AN APPROPRIATION FOR SUPPLIES RATHER THAN TO ONE FOR PRINTING AND BINDING, IF NOT SCHEDULED BY THE PUBLIC PRINTER AS PAPER SUPPLIES WHICH HE IS AUTHORIZED TO FURNISH UNDER THE ACT OF JUNE 7, 1924, AND IF THEY ARE STOCK FORMS CARRIED FOR SALE TO THE PUBLIC GENERALLY. THE COST OF STOCK-FORM STENCIL SHEETS AVAILABLE FOR SALE TO THE PUBLIC GENERALLY MAY BE CHARGED TO AN APPROPRIATION FOR SUPPLIES RATHER THAN TO ONE FOR PRINTING AND BINDING; HOWEVER, THE PLACING THEREON OF DIE IMPRESSIONS, AS ORDERED BY THE PURCHASING AGENCY, FOR TRANSFER TO BLANK PAPER BY DUPLICATING PROCESS, ALONG WITH OTHER IMPRESSIONS ADDED BY TYPEWRITER, ETC., CONSTITUTES A PRINTING PROCESS THE COST OF WHICH IS REQUIRED TO BE CHARGED TO A PRINTING AND BINDING APPROPRIATION AND MUST BE PROCURED FROM THE GOVERNMENT PRINTING OFFICE PURSUANT TO THE ACT OF MARCH 1, 1919, UNLESS A CLEARANCE IS FURNISHED IN ACCORDANCE WITH THE ACT OF JULY 8, 1935.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF WAR, FEBRUARY 3, 1945:

I HAVE YOUR LETTER OF JANUARY 22, 1945, AS FOLLOWS:

IN CONNECTION WITH THE DEFINITION OF PRINTING AS ACCEPTED BY THE GENERAL ACCOUNTING OFFICE AND VARIOUS DECISIONS AS TO WHETHER THE LAWS PERTAINING TO PRINTING, BINDING AND BLANK BOOK WORK ARE APPLICABLE TO THE PROCUREMENT OF CERTAIN ARTICLES, THERE IS UNCERTAINTY WITHIN THE DEPARTMENT AS TO APPROPRIATIONS PROPERLY CHARGEABLE IN THE PROCUREMENT OF THE FOLLOWING ITEMS:

(A) CONTINUOUS, TELETYPE BLANKS, NO PRINTING, FLATFOLDED, WITH INTERLEAVED CARBON PAPER, MARGINALLY PUNCHED (EXHIBIT A).

(B) CONTINUOUS, STOCK TABULATING BLANKS, NO PRINTING, RULED, FLATFOLDED, WITH INTERLEAVED CARBON PAPER, MARGINALLY PUNCHED (EXHIBIT B).

(C) OFFSET MASTERS, EITHER CUT SHEETS OR CONTINUOUS, CONSISTING OF SPECIALLY TREATED PAPER, NO PRINTING, EITHER MARGINALLY PUNCHED OR UNPUNCHED. AFTER RECEIPT FROM THE MANUFACTURER, ALL MATTER TO BE REPRODUCED IS ADDED BY TYPEWRITER OR TABULATING EQUIPMENT (EXHIBIT C).

IT IS UNDERSTOOD THAT THE ABOVE MENTIONED BLANKS ARE STOCKED BY MANUFACTURERS OR DEALERS FOR SALE TO THE PUBLIC. NO CHANGES ARE REQUIRED TO MEET THE NEEDS OF THE DEPARTMENT. UNDER THE ACT OF JUNE 28, 1902, 32 STAT. 481, THE PUBLIC PRINTER IS AUTHORIZED TO FURNISH "COMPLETE MANIFOLD BLANKS; " HOWEVER, THEIR PURCHASE FROM THE GOVERNMENT PRINTING OFFICE IS OPTIONAL (7 C.G. 712). UNDER THE ACT OF JUNE 7, 1924, 43 STAT. 592, THE PUBLIC PRINTER IS AUTHORIZED TO FURNISH GOVERNMENT SERVICES IN WASHINGTON WITH "PAPER AND ENVELOPES," BUT THIS ACT IS FOR APPLICATION ONLY TO PAPER AND ENVELOPES LISTED BY THE PUBLIC PRINTER FROM TIME TO TIME AS AVAILABLE IN THAT OFFICE (4 C.G. 412). IT THEREFORE APPEARS THAT THE DEPARTMENT HAS AUTHORITY TO OBLIGATE SUPPLY FUNDS FOR PROCUREMENT OF THE ABOVE MENTIONED ARTICLES FROM COMMERCIAL SOURCES WITHOUT CLEARANCE FROM THE GOVERNMENT PRINTING OFFICE.

(D) DIE IMPRESSED STENCILS (EXHIBIT D). DIE IMPRESSIONS OF WORDS OR FORMS ARE ADDED TO MANUFACTURED STENCILS AS ORDERED, AT ADDITIONAL COST. THIS IMAGE, AND OTHER IMPRESSIONS ADDED BY THE DEPARTMENT THROUGH THE USE OF TYPEWRITERS OR TABULATING EQUIPMENT, ARE TRANSFERRED TO BLANK PAPER BY THE USE OF MIMEOGRAPH OR DITTO MACHINES. THE PRINTING ON THE STENCILS, WHICH ARE FOR SALE TO THE PUBLIC, IS NOT CHANGED TO MEET THE NEEDS OF THE DEPARTMENT.

IT APPEARS THAT THE ADDED COST FOR DIE IMPRESSIONS ON THE ABOVE MENTIONED STENCILS IS INCIDENT TO THE PREPARATION OF SUPPLIES FOR USE ON DUPLICATING MACHINES, RATHER THAN A PRINTING OPERATION AND, THEREFORE, THAT THE COST OF THE DIE IMPRESSIONS MAY PROPERLY BE CHARGED TO SUPPLY APPROPRIATIONS.

IN VIEW OF THE FACT THAT ORDERS FOR LARGE QUANTITIES OF THE ABOVE MENTIONED ARTICLES ARE BEING HELD IN ABEYANCE PENDING YOUR DECISION AS TO WHETHER THEY MAY BE PROCURED FROM SUPPLY FUNDS RATHER THAN THOSE MADE SPECIFICALLY SOLELY FOR PRINTING AND BINDING, AN EARLY REPLY WILL BE APPRECIATED.

SECTION 3678, REVISED STATUTES, PROVIDES:

ALL SUMS APPROPRIATED FOR THE VARIOUS BRANCHES OF EXPENDITURE IN THE PUBLIC SERVICE SHALL BE APPLIED SOLELY TO THE OBJECTS FOR WHICH THEY ARE RESPECTIVELY MADE, AND FOR NO OTHERS.

THERE ARE FOR CONSIDERATION, ALSO, THE FOLLOWING STATUTES:

ACT OF JUNE 28, 1902, 32 STAT. 481:

THE PUBLIC PRINTER IS AUTHORIZED HEREAFTER TO PROCURE AND SUPPLY, ON THE REQUISITION OF THE HEAD OF ANY EXECUTIVE DEPARTMENT OR OTHER GOVERNMENT ESTABLISHMENT, COMPLETE MANIFOLD BLANKS, BOOKS, AND FORMS, REQUIRED IN DUPLICATING PROCESSES; ALSO COMPLETE PATENTED DEVICES WITH WHICH TO FILE MONEY-ORDER STATEMENTS, OR OTHER UNIFORM OFFICIAL PAPERS, AND TO CHARGE SUCH SUPPLIES TO THE ALLOTMENT FOR PRINTING AND BINDING OF THE DEPARTMENT OR GOVERNMENT ESTABLISHMENT REQUIRING THE SAME.

ACT OF MARCH 1, 1919, 40 STAT. 1270:

* * * PROVIDED FURTHER, THAT ON AND AFTER JULY 1, 1919, 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 THE SAID DISTRICT.

ACT OF JUNE 7, 1924, 43 STAT. 592:

THE PUBLIC PRINTER IS HEREBY AUTHORIZED TO PROCURE, UNDER DIRECTION OF THE JOINT COMMITTEE ON PRINTING AS PROVIDED FOR IN THE ACT APPROVED JANUARY 12, 1895, AND FURNISH ON REQUISITION PAPER AND ENVELOPES (NOT INCLUDING ENVELOPES PRINTED IN THE COURSE OF MANUFACTURE) IN COMMON USE BY TWO OR MORE DEPARTMENTS, ESTABLISHMENTS, OR SERVICES OF THE GOVERNMENT IN THE DISTRICT OF COLUMBIA, AND REIMBURSEMENT THEREFOR SHALL BE MADE TO THE PUBLIC PRINTER FROM APPROPRIATIONS OR FUNDS AVAILABLE FOR SUCH PURPOSE; PAPER AND ENVELOPES SO FURNISHED BY THE PUBLIC PRINTER SHALL NOT BE PROCURED IN ANY OTHER MANNER THEREAFTER.

ACT OF JULY 8, 1935, 49 STAT. 475:

SECTION 12 OF THE PRINTING ACT, APPROVED JANUARY 12, 1895 ( U.S.C. TITLE 44, SEC. 14), IS HEREBY AMENDED TO READ AS FOLLOWS:

"THE JOINT COMMITTEE ON PRINTING MAY PERMIT THE PUBLIC PRINTER TO AUTHORIZE ANY EXECUTIVE DEPARTMENT OR INDEPENDENT OFFICE OR ESTABLISHMENT OF THE GOVERNMENT TO PURCHASE DIRECT FOR ITS USE SUCH PRINTING, BINDING, AND BLANK-BOOK WORK, OTHERWISE AUTHORIZED BY LAW, AS THE GOVERNMENT PRINTING OFFICE IS NOT ABLE OR SUITABLY EQUIPPED TO EXECUTE OR AS MAY BE MORE ECONOMICALLY OR IN THE BETTER INTEREST OF THE GOVERNMENT EXECUTED ELSEWHERE; AND SUCH JOINT COMMITTEE ALSO MAY AUTHORIZE THE PUBLIC PRINTER TO PROCURE SERVICES, MATERIALS, AND SUPPLIES FOR USE OF THE GOVERNMENT PRINTING OFFICE WITHOUT REGARD TO THE PROVISIONS OF SECTION 3709 OF THE REVISED STATUTES ( U.S.C., TITLE 41, SEC. 5) WHENEVER THE AGGREGATE AMOUNT INVOLVED IS LESS THAN $50.'

IN 18 COMP. GEN. 565, IT WAS HELD:

PADS, RULED AND UNRULED; PADS, CALENDAR; PADS, COLUMNAR; CARDS, GUIDE, MONTHLY; SHEETS, BACKING (PUNCHED BUT NOT PRINTED); FILLERS, LOOSE-LEAF BINDER; INDICES, LOOSE-LEAF BINDERS; INDICES, TAB, ALPHABETICAL; SHEETS, LEDGER; LABELS, GUMMED; LABELS, DISPENSING SET; LABELS, POISON; PAPER, GRAPH; PAPER, CROSS SECTIONS; PAPER PROFILE; CLOTH, RULED TRACING; CARDS, INDEX, LIBRARY; DIALS, WATCHMAN'S CLOCK AND OTHER SIMILAR PAPER ARTICLES, IF REGULARLY CARRIED IN STOCK BY DEALERS AND REQUIRING NO PRINTING OR BINDING OPERATION AFTER RECEIPT OF ORDER TO FIT THEM FOR THE USE OF THE PURCHASER AND NOT INCLUDING STENOGRAPHERS' NOTE BOOKS NOR BLANK BOOKS OR OTHER ARTICLES IN BOOK FORM WHICH REQUIRE PRINTING, BINDING, OR RULING OPERATIONS FOR THEIR MANUFACTURE, ARE NOT PRINTING, BINDING, AND BLANK- BOOK WORK FOR PROCUREMENT FROM THE GOVERNMENT PRINTING OFFICE UNDER THE ACT OF MARCH 1, 1919, 40 STAT. 1270, BUT IF THE ARTICLES CONSTITUTE PAPER SUPPLIES REQUIRED BY THE ACT OF JUNE 7, 1924, 43 STAT. 592, TO BE PROCURED FROM THE PUBLIC PRINTER AND ARE CARRIED IN THE SCHEDULES OF SUPPLIES WHICH HE IS PREPARED TO FURNISH UNDER THAT ACT, SUCH SCHEDULES ARE ACCEPTED AS CONTROLLING THE PAPER SUPPLIES WHICH SHOULD BE PROCURED FROM THAT OFFICE.

IN 7 COMP. GEN. 712, IT WAS HELD:

MANIFOLD BLANKS, BOOKS, AND FORMS AND PATENTED FILING DEVICES OR LOOSE- LEAF BINDERS COMING WITHIN THE PURVIEW OF THE ACT OF JUNE 28, 1902, 32 STAT. 481, MAY BE PROCURED EITHER FROM THE CONTRACTORS ON THE GENERAL SUPPLY SCHEDULE OR FROM THE GOVERNMENT PRINTING OFFICE, AT THE OPTION OF THE PROCURING SERVICE.

IN 22 COMP. GEN. 801 IT WAS FURTHER HELD (QUOTING FOM THE SYLLABUS):

WHILE THE COST OF GUMMED LABELS, WITHOUT PRINTING, WHICH ARE NOT REQUIRED TO BE OBTAINED FROM THE GOVERNMENT PRINTING OFFICE, IS NOT CHARGEABLE TO THE PRINTING AND BINDING LIMITATION OF THE APPLICABLE APPROPRIATION, THE COST OF ANY PRINTING THEREON REQUIRED TO FIT THEM FOR OFFICIAL USE MUST BE CHARGED TO SUCH LIMITATION, AND PRINTING SHOULD BE PROCURED FROM THE GOVERNMENT PRINTING OFFICE UNLESS A CLEARANCE FIRST IS OBTAINED IN ACCORDANCE WITH THE ACT OF JULY 8, 1935.

IF MANIFOLD FORMS INTERLEAVED WITH CARBON PAPER ARE "MANIFOLD FORMS" SUCH AS ARE REQUIRED BY THE ACT OF JUNE 28, 1902, TO BE CHARGED TO THE PRINTING AND BINDING ALLOTMENT OF THE REQUISITIONING GOVERNMENT ESTABLISHMENT, THEIR ENTIRE COST, INCLUDING ANY PRINTING THEREON--- WHICH IS REQUIRED TO BE DONE AT THE GOVERNMENT PRINTING OFFICE UNLESS PROPER CLEARANCE IS OBTAINED--- IS CHARGEABLE TO THE PRINTING AND BINDING LIMITATION OF THE APPLICABLE APPROPRIATION.

IF--- AS APPEARS TO BE THE CASE--- THE BLANKS, EXHIBITS A AND B, ARE MANIFOLD FORMS WITHIN THE PURVIEW OF THE ACT OF JUNE 28, 1902, SUPRA, AND REQUIRE NO PRINTING OPERATION TO FIT THEM FOR USE BY YOUR DEPARTMENT, THEY MAY BE PROCURED EITHER FROM THE GOVERNMENT PRINTING OFFICE OR ELSEWHERE, BUT THE COST THEREOF MUST BE CHARGED TO THE PRINTING AND BINDING APPROPRIATIONS AS REQUIRED BY THAT ACT.

OFFSET MASTERS, EXHIBIT C, IF NOT SCHEDULED BY THE PUBLIC PRINTER AS PAPER SUPPLIES WHICH HE IS AUTHORIZED TO FURNISH UNDER THE ACT OF JUNE 7, 1924, AND IF THEY ARE STOCK FORMS CARRIED FOR SALE TO THE PUBLIC GENERALLY, MAY BE PROCURED WITHOUT CLEARANCE FROM THE GOVERNMENT PRINTING OFFICE, AND THE COST MAY BE CHARGED TO AN APPROPRIATION AVAILABLE FOR SUPPLIES RATHER THAN TO A PRINTING AND BINDING APPROPRIATIONS.

THE STENCIL SHEETS, EXHIBIT D, APPEAR TO BE STOCK FORMS AVAILABLE FOR SALE TO THE PUBLIC GENERALLY AND THE COST THEREOF, EXCLUSIVE OF THE DIE IMPRESSIONS, MAY BE CHARGED TO AN APPROPRIATION FOR SUPPLIES; BUT THE DIE IMPRESSIONS WHICH APPARENTLY ARE PLACED THEREON ON ORDER FROM YOUR DEPARTMENT CONSTITUTE A PRINTING PROCESS THE COST OF WHICH IS REQUIRED TO BE CHARGED TO A PRINTING AND BINDING APPROPRIATION AND WHICH MUST BE PROCURED FROM THE GOVERNMENT PRINTING OFFICE PURSUANT TO THE ACT OF MARCH 1, 1919, UNLESS A CLEARANCE FROM THAT OFFICE IS FURNISHED IN ACCORDANCE WITH THE ACT OF 1935, SUPRA. B-46027, DECEMBER 11, 1944.