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460 AGRICULTI'RAL APPROPRIATIOX BIIJ., 1924, 



My legal judgment is that if Congress enacted this language, that 

 you could make all of your purchases without regard to the terms 

 laid down either by the General Supply Committee or anybody else. 



Mr. Andersox. As I understand, the regulations of the department 

 require competitive bids for all purchases in excess of SoO, under de- 

 partmental regulations, and that those regulations are based on the 

 statute. Is that correct ? 



Mr. JcMP. They are based on the statute; that is correct. 



Mr, KiTcnix. When we talked this over with the solicitor, when 

 this appropriation was being considered there, he stated that if this ^ 



were approved by Congress that we would be bound by the SoO limit 

 and we would have to secure competitive bids for any purchases over 

 that amount. 



Mr, BucHAXAX. But the position taken by my colleague is that this 

 is legislation in this bill and that it modifies the statutory law and 

 should come through the proper legislative committee. 



Mr. Magee, Yes, 



Mr. BucHAXAX. New legislation. 



Mr. Magee. New language. 



Mr. AxDERSOX. There is no question about that, 



Mr, Magee, If this is put in, then the amounts in excess of $50 

 would not come under existing statutes. 



Mr. BucHAXAX. That is the regulation. 



Mr. Magee. I understood him to say that it was a statute, that 

 there was a statute requiring them to secure competitive bids where 

 purchases exceeded S50 in amount. 



Mr. AxDERSox. That, of course, is where the purchases are not 

 made through the General Supph" Committee. 



Mr. Magee. Whether it is a regulation or a statute, I do not know. 



Mr. Kitchex. I do not know whether it is u regulation or a statute ; 

 but 1 know that we have to do it before we can get purchases approvinl. 



Mr. Ju.MP. The law, the regulations, and the policy of the Depart- 

 ment of Agriculture are not to permit any purchases in excess oi^SoO, 

 without competitive bids, unless there is an emergency or .some 

 other extenuating circumstance, which makes it necessary to pur- 

 chase a certain item. I will have the law covering the matter looked 

 up and a statement inserted in the record. 



Tlie law (Rev. Stata.. sec. 3709. p. 733) roads a.s follows: '\\\ purchasi^s and con- 

 tracts for Hupplics or services, in any of the department's of the (iovernment, 

 except for perHonal services, shall be niatle by adverti.siug asulHcient time previously 

 for y)roposals respectinjj the same, when the public exigencies do not require the 

 immi'diate delivery of the articles, or ])erformance of the services." 



Tliis j)rovision of the law wa.s amended on March 1, 1S!)9 (30 Stat. L. 9.57) by pro- 

 viding "That hereafter section 3709 of the Revised .Statutes of the I'liited States 

 shall n()\ be construed to apply to any purchase or .service rendered in the Dejnirtment 

 of Agriculture when the aggregate amount involved does not exceed the sum of $50,"' 



Mr. Magee. The point that I am making is that Congress enacts 

 any legislation which is in conflict with the existing legislation, and 

 it IS nece-ssary to construe the language of the act, the last enacted 

 language would rescind llie prior eiiattment. Now, if wo are going 

 to adopt this law lierc piovidiiig niitliority for you to iJinrhase in this 

 manner, you mi{.jht still piu'chase through the General Supply Com- 

 mittee, if you did not have aiitliority to nnike these purchases in 

 excess of $o{) without competitive bidding. 



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