Gambar halaman
PDF
ePub

1st Session.

No. 166.

ADVERTISING FOR PROPOSALS FOR SUPPLIES FOR DEPARTMENTS.

LETTER

FROM

THE SECRETARY OF THE TREASURY,

RELATIVE TO

Advertising for proposals for supplies or services in any of the departments of the government.

APRIL 10, 1882.-Referred to the Committee on Appropriations and ordered to be printed.

TREASURY DEPARTMENT, Washington, D. C., April 5, 1882.

SIR: I have the honor of handing you with this a proposed amendment to section 3709 of the Revised Statutes, and of respectfully requesting that the same may be referred to the appropriate committee, with these the reasons of this department for asking the change in the law.

The committee will see by a reference to the Revised Statutes how the section referred to now reads. It will also see by a reference to the circular from the Commissioner of Customs of this department, which I have marked "A-C. J. F.," the construction which that officer has put upon that section, and the requirement that he has made upon the several disbursing officers of the department. It is understood that the First and Second Comptrollers entertain the same view of the meaning of the section and make the same requirement.

It is found, in the practical working of the department, that an adherence to that requirement will be productive of much embarrassment and delay in carrying on the contingent operations of the department, and will create much expense without a correspondent advantage. With a view to a prevention of those evils, I referred the matter to several heads of bureaus to learn by their consultation if it would be practicable to meet the difficulty by a Treasury regulation, and it is seen by a reading of their report that in their judgment it will not. The practical difficulties are these:

First. However small in value or importance the article needed, it must be advertised for, unless a public exigency requires an immediate delivery of the article. Now a public exigency, as that phrase is fairly to be interpreted, is such a state of things as will brook no delay in the

the having the article at once, for use at once; and the phrase has its proper signification when it is held to apply to the time that may elapse before the need for the article is so pressing as that no more delay may be suffered before it is procured. With this interpretation, no matter how small in importance or in worth the thing needed, there must be an advertisement for proposals to furnish it; it may not be bought as a private person would buy it, at the nearest or the lowest-priced dealers. There must then be not only the preparation of the advertisement for proposal, but the waiting for it to run its course, the opening of the proposals, the awarding of the contract, and the labor of doing all this; but there must also be the expense of the advertising, which may often exceed the cost of the article needed. When it is remembered that it is law, that in advertising for proposals in the District of Columbia the notice must appear the requisite time in five newspapers, it will be seen that the expense of advertising will outgo often the cost of the article advertised for.

Second. As the law now stands, it is for the disbursing officer to construe, at his risk of whether the view of the accounting or auditing officer will be like his. The latter is the final arbiter, and he may not deem that a public exigency requiring an immediate delivery which the former has thought to be such; and so the disbursing officer is mulcted in the cost of the article for what the auditing officer deems an error of judgment.

It is freely conceded that exact and stringent laws are needed for the government and check of disbursing officers. Yet it seems to me that there may safely be so much flexibility as will allow an adaptation to such a state of things as has been shadowed in the above remarks; especially where that flexibility is to be limited in degree by prescribed regulations.

For these reasons, I recommend an amendment of the section 3709 of the Revised Statutes, so that it shall read as set out in the accompanying report in schedule "A" thereto attached. All of which is respectfully submitted.

To the Hon. J. WARREN KEIFER,

CHAS. J. FOLGER,

Secretary of the Treasury.

Speaker of the House of Representatives.

N. B.-The amendments proposed are the parts of a sentence included in brackets, thus [ ], in two places.

Hon. CHARLES J. FOLGER,

TREASURY DEPARTMENT,
FIRST COMPTROLLER'S OFFICE,
Washington, D. C., April 5, 1882.

Secretary of the Treasury:

SIR: We have received and duly considered the letter of the 2d ultimo, addressed to heads of bureaus and chiefs of divisions in the Treasury Department, stating that the attention of the Secretary having been drawn to the provisions of section 3709 and section 3828 of the Revised Statutes of the United States, and of the necessity of establishing a uniform practice by all officers making purchases under the law on be half of the government, and of a uniform construction of said statutes by the accounting officers of this department, you desire that the First

and Second Comptrollers, the Commissioner of Customs, and representatives from each office of the department charged with the purchase of supplies, should meet together at an early day, with a view to framing a circular of instructions for the government of the department in the premises, to be presented to you for your approval and promulgation.

After a careful consideration of section 3709 of the Revised Statutes, we have reached the conclusion that it is impracticable to make regulations which will meet all the difficulties in the way of making purchases of supplies under this section as it now stands. We have, therefore, the honor to recommend that you will call the attention of Congress to the subject, and submit an amendment to section 3709 of the Revised Statutes, so that it will read as stated in the exhibit hereto annexed, marked "A." An addition to the section has been considered, which is also deemed expedient, and which is submitted for your consideration, and is hereto annexed and marked "B."

If this section of the statutes should be amended as suggested, new regulations would be required; and in view of the probability that any recommendation you would make upon the subject would be approved by Congress, it has been deemed inexpedient to prepare or recommend permanent regulations until it shall be ascertained whether a change will be made in the law. If, however, you desire that a circular of instructions for the government of the department in making purchases be prepared and presented for your consideration, we will at once give attention to the subject, and make such recommendations as may be deemed advisable.

Some difference of opinion exists as to whether the exigency mentioned in section 3709 of the Revised Statutes is one having reference solely to want of time in which to advertise, or whether, if the cost of advertising for a class of articles be so great as to render advertising inexpedient, that would constitute an exigency within the meaning of the statute.

We submit herewith for your consideration a regulation which has been marked "C," presented to us by a member of the committee, in regard to which doubts are entertained as to its propriety, or whether it is authorized by law.

We annex hereto, also, certain circulars and regulations touching this subject which are already in force.

Very respectfully,

WM. LAWRENCE, First Comptroller.

W. W. UPTON.

H. C. JOHNSON.

We desire to state that the foregoing is submitted in the form directed by the whole committee, but we do not concur in all the views presented.

WM. LAWRENCE, First Comptroller.
W. W. UPTON.

H. C. JOHNSON.

E. B. DASKAM,
Secretary.

"A."

SEC. 3709. All purchases and contracts for supplies or services in any of the departments of the government, except for personal services, shall be made by advertising a sufficient time previously for proposals

respecting the same, when the public exigencies do not require the immediate delivery of the articles, or performance of the service. When immediate delivery or performance is required by the public exigency [or when the number or value of articles required is so small as not to justify the expense of advertising], the articles or service required may be procured by open purchase or contract, at the places and in the manner in which such articles are usually bought and sold, or such services engaged, between individuals [under such regulations as may be prescribed by the head of the department].

"B."

And when, in the opinion of the head of the department, advertising will not secure competition, or would be disadvantegeous to the public interest in procuring any article or class of supplies, he may as to them dispense with advertising.

"C."

Whenever exigencies of the public service require that purchases be made in such limited quantities that it would be detrimental to the interests of the government to incur the expense of advertising for bids, and in all other cases where purchases shall be made without such advertising, the officer who orders the purchase shall attach to the or der his certificate that a public exigency requires the immediate delivery of the articles; and when the nature and the place of the purchase do not of themselves indicate a reason for purchasing without advertisement, he shall also add a statement of facts showing the nature of the exigency.

In all cases where purchases shall be so made without a previous order, the officer who makes the purchase shall add such certificate to the voucher, and unless the nature and place of the purchase indicate a reason for purchasing without advistisements, he shall add such statement of facts.

CIRCULAR.-ADVERTISING FOR PROPOSALS.

TREASURY DEPARTMENT,

OFFICE OF COMMISSIONER OF CUSTOMS,
Washington, D. C., February 20, 1882.

SIR: The attention of disbursing officers is called to the following section of the Revised Statutes:

"SEC. 3709. All purchases and contracts for supplies or services in any of the departments of the government, except for personal services, shall be made by adver tising a sufficient time previously for proposals respecting the same, when the public exigencies do not require the immediate delivery of the articles, or performance of the service. When immediate delivery or performance is required by the public exigency, the articles or service required may be procured by open purchase or contract, at the places and in the manner in which such articles are usually bought and sold, or such services engaged, between individuals."

Hereafter no credit will be given or allowance made, in any account which shall be examined by this office, for the purchase of any article or the payment for any service, except personal services, unless the voucher therefor is accompanied by a certificate, signed by an officer having knowledge of the facts, that advertisement was duly made for proposals therefor, and showing the date and mode of such advertising; or, unless such article was purchased or such service engaged in a case of public exigency requiring immediate delivery or performance, and the fact of such exigency be established by a certificate signed by the officer granting the authority therefor.

I am, very respectfully, your obedient servant,

H. C. JOHNSON, Commissioner of Customs.

CIRCULAR.—AMENDMENT TO THE REGULATIONS OF THE LIGHT-HOUSE ESTABLISHMENT,

TREASURY DEPARTMENT,

OFFICE OF THE LIGHT-HOUSE BOARD,

Washington, D. C., February 7, 1982.

At its meeting of January 31, 1882, the Light-House Board adopted the following amendment to its regulations, which amendment has been approved by the Secretary of the Treasury, and is published for the information of all concerned:" Paragraph 181, page 70, was amended to read as follows:

"181. When the public exigency demands that purchases in open market be made, the purchasing officer will, if time permit, request the principal dealers in the articles needed, who may be within his reach, to submit written sealed proposals for the sale of the supplies required. This may be done by hand-bills posted in public places, by circular letters to dealers, or by both these means combined. An abstract of all written proposals received must be forwarded to the board with the account.

In case time does not allow even this course to be pursued, purchases in the open market may be made in the manner usual among business men. In this case a statement must be forwarded with the account to the effect that the public exigency required an immediate delivery."

A copy of this amendment will be found inclosed herewith, printed in a suitable form to be pasted in its appropriate place in the book entitled "Laws and Regulations relating to the Light-House Establishment."

By order of the Light-House Board:

JOHN RODGERS, Rear-Admiral U. S. Nary, Chairman.

Extracts from the regulations of the Marine-Hospital Service, 1879.

134. Subsistence, groceries, laundry supplies, forage, fuel, light, and water shall be obtained for the United States marine hospitals, whenever practicable, by contract, after advertisement, said contracts to be executed by the surgeon in charge in behalf of the United States.

141. Advertisements will be inserted in such newspapers only as the Secretary of the Treasury may direct.

156. Articles of subsistence not provided for by contract will be purchased, when required for consumption in a United States marine hospital, by the hospital-steward, under the direction of the medical officer in charge, in open market, at the lowest market prices. Bills for articles purchased in opeu market must not be embraced in bills for articles purchased under contract.

152. All agreements and contracts made on account of the Marine-Hospital Service, required to be made in legal form, with bonds and sureties, will be certified by the proper customs officers, respectively, as to the sufficiency of sureties given. In all cases the individual names of each member of a firm must be signed to the contract. When a person signs a contract for a company, a power of attorney or other written evidence that he is authorized to act for the company must accompany the contract, 153. Contracts or agreements made or entered into by medical officers of the MarineHospital Service for work, labor, or material, or supplies of any kind, will not be binding until they shall have been approved by the Secretary of the Treasury, or written authority obtained from him to enter into such contract or agreement.

170. For such absolutely necessary purchases and repairs as require immediate attention, and involve but trifling amounts, such as the replacing of broken windowglass and similar items, bids will not be required.

171. When, in any case, it is found impracticable to apply for and obtain the approval of the department previous to making such purchases and repairs as may be absolutely necessary without serious embarrassment to the proper conduct of the service, bids (Form 8) in duplicate will nevertheless be obtained. The most advantageous bid will then be accepted; after which all the bids will be forwarded to the department, accompanied by a letter giving good and sufficient reasons why special authority was not obtained previous to incurring the expenditure.

H. Ex. 166

« SebelumnyaLanjutkan »