ABSENCES:

See Leaves of absence.

ACCOUNTS:

See Disbursing officers and agents.
Allotted funds:

Emergency conservation work-Showing
to be made to determine that expendi-
tures charged to emergency funds were
in fact incurred in carrying out the pur-
pose for which the funds were made
available..

Public works-basis for accounting to
General Accounting Office for expendi-
ture of emergency funds allotted to
regular Government agencies......
Supporting data:

Evidence required to authorize transfer
of appropriations to the Agriculture
Department for the inspection, analy-
ses, and tests of foods and other prod-
ucts, for another department or estab-
lishment, under act Mar. 3, 1933.
Where a disbursement is made in excess
of the amount allowable as determined
in the audit on the basis of available
evidence, and the disbursing officer de-
clines to furnish supporting data, credit
for the overpayment must be dis-
allowed.....

ADJUSTED COMPENSATION:
See Veterans' Administration.

ADVERTISING:

Bidders:

Agreement to pay for services in securing
orders from the Government for motor
trucks, being against public policy, an
administrative requirement from all
bidders for an affidavit that no such
agreement was entered into is an en-
forceable condition of the specifications
and any bid may be rejected for failure
to furnish the affidavit..
Qualifications:

Dredging-fact that a corporation with
sufficient financial resources and with
experienced personnel may not have
performed a contract for the Govern-
ment constitutes no basis for rejection
of its low bid..

Low bid of otherwise responsible bidder
may not be rejected because he had
not filed on or before date bids were

506

ADVERTISING-Continued.

Bidders-Continued.

Qualifications-Continued.

opened his signed copy of the Presi-
dent's reemployment agreement,
when records show such copy was
filed shortly after bids were opened
and before any action was taken
thereon and when investigation
showed bidder was paying above the
wage scale and otherwise conforming
to the reemployment agreement.....
Membership in N.R.A. not required by
Executive order of Aug. 10, 1933.....

Bids:

Acceptance of other than lowest:
Automobile-where specifications in
invitation for bids called for a light-
weight sedan, the lowest bidder offer-
ing such a car otherwise meeting the
specifications may not have its bid
rejected and an award made to a
higher bidder because a heavier car
is desired...
Trucks-where there has been delay
until the period stipulated in the bids
for acceptance has expired and the
low bidders have refused to extend
the period in which their bids may be
accepted, appropriations may not be
charged with the amount of higher
bids for delivery of the equipment..
Conditional:
Stipulations by bidders not contained
in the advertised specifications re-
quire that their bids be disregarded..
Trucks-where a bidder qualifies his
bid with respect to compliance with
applicable codes of fair competition
either by himself or by persons from
whom he may procure articles, mate-
rials, or supplies to be used in the
production of the article bid upon, the
bid is not responsive to the advertised
specifications and is not for considera-
tion..

ADVERTISING-Continued.
Bids-Continued.

Particular make:

Soapstone:

Fact that a particular material has
been used for 40 years and proved
satisfactory is no justification for
the continued purchase thereof to
the exclusion of all others of similar
or equal quality, nor is the personal
preference of administrative em-
ployees sufficient to authorize
specifying a particular material to
the exclusion of others that would
serve the purpose..
Naming of a particular make of article
in the advertisement for proposals
should be followed by the qualify-
ing phrase "or equal".

Rejection:

Agreement to pay for service in secur-
ing orders from the Government for
motor trucks, being against public
policy, an administrative require-
ment from all bidders for an affidavit
that no such agreement was entered
into is an enforceable condition of the
specifications and any bid may be
rejected for failure to furnish the
affidavit...

Codes of fair competition:

If situation has so changed since date
of opening of bids that any of the
bidders may feel that a contract
awarded on basis of its bid as sub-
mitted would involve a violation
of any provision of the applicable
code, such bid may be withdrawn,
or all bids may be rejected and the
Government's needs readvertised..
Low bid of otherwise responsible bid-
der may not be rejected because he
had not filed on or before date bids
were opened his signed copy of the
President's reemployment agree-
ment, when records show such copy
was filed shortly after bids were
opened and before any action was
taken thereon and when investiga-
tion showed bidder was paying
above the wage scale and otherwise
conforming to the reemployment
agreement..
Where required certificate of compli-
ance is furnished, a bid is not for
rejection because of the belief or as-
sumption that the price quoted is in
violation of any code...
Dredging-fact that a corporation with
sufficient financial resources and with
experienced personnel may not have
performed a contract for the Govern-

ADVERTISING-Continued.

Bids-Continued.

Required-gasoline-code of fair compe-
tition for petroleum industry and
Executive order of Aug. 10, 1933, do not
constitute any modification of require-
ments of sec. 3709, R.S.-----

Tie:

Procedure for awarding contract where
there is more than one low bid in
same amount and there is no choice
as to quality among the several
offerings...
Whether submission of identical bids
by all or several bidders constitutes a
violation of the antitrust laws is for
determination by the Federal Trade
Commission and/or the Department
of Justice..
Withdrawal-codes of fair competition-
if situation has so changed since date of
opening of bids that any of the bidders
may feel that a contract awarded on
basis of its bid as submitted would
involve a violation of any provision of
the applicable code, such bid may be
withdrawn, or all bids may be rejected
and the Government's needs read-
vertised...
Readvertisement-codes of fair competi-
tion-if situation has so changed since date
of opening of bids that any of the bidders
may feel that a contract awarded on
basis of its bid as submitted would
involve a violation of any provision of
the applicable code, such bid may be
withdrawn, or all bids may be rejected
and the Government's needs readver-
tised...

AFFIDAVITS:
Vouchers-traveling expenses-oath is re-
quired on every travel voucher, whether
for actual expenses or commuted allow-
ances..

AGRICULTURAL ADJUSTMENT AD-
MINISTRATION:

Cotton pool is strictly a Federal agency and
the filling of new positions in the pool,
which carry substantial increases over
the compensation previously received,
must be authorized by the President....
Employees-experts-requirements of sec.
10 (a), act May 12, 1933, subjecting all
officers and employees of the Adminis-
tration to provisions of the classification
act may not be avoided merely by admin-
istrative designation of the appointees as
"experts".

AGRICULTURAL MARKETING ACT:

Loans:

ment constitutes no basis for rejec-
tion of its low bid...

Interest-under sec. 8 (a) of act, the rate
of interest contemplated is a higher rate
than 22% per annum, the rate pro-
vided for postal savings bonds..................

Resolution adopted by a Government
agency stipulating that a loan will be
made upon application when certain
conditions are met does not constitute
a loan agreement. Such agreement is
not entered into until such conditions
have been met, the application is made
and accepted, and the definite amount
of such loan is fixed and allocated......
ALIENS:

Seamen-appropriations for relief of Amer-
ican seamen are not available to furnish
transportation to a port of the United
States or to a foreign port for seamen of
alien nationality who had been shipped
at a foreign port upon an American vessel
which is subsequently wrecked...
ALLOWANCES:

Promotions, administrative:

Economy Act-adjustment of cash portion
of compensation not precluded where
all or a substantial part of the allow-
ances furnished in kind are discon-
tinued for an reasonable purpose ad-
ministratively approved.....
Economy Act, amended-proviso to sec.
10 (b) added to act Mar. 20, 1933, bỳ
sec. 24, act Mar. 28, 1934, 48 Stat, 523,
permitting adjustment of allowances
for quarters, etc., is applicable only to
fiscal year 1935...

ANTITRUST LAWS:

Whether submission of identical bids by all
or several bidders constitutes a violation
of the antitrust laws is for determination
by the Federal Trade Commission and/or
the Department of Justice...
APPOINTMENTS:
Emergency-National Recovery Adminis-
tration-appointments should cover only
periods for which the particular service
may be required and not to extend in any
event beyond June 30, 1935....
Revocation-Navy ensign whose commis-
sion is revoked because of misconduct is
not entitled on discharge to 1 year's pay
or any part thereof.
Terms of office-Tax Appeals, Board of―
terms of members expire on anniversaries
of the dates the terms of the original
appointees expired...

APPROPRIATIONS:

Commerce Department-Shipping Board-
transfer of appropriation to Interstate
Commerce Commission may be made not
to exceed the regular salary and author-
ized expenses of the personnel loaned,
upon the filing of a statement by the
proper officer agreeing to the transfer....

404

403

216

429

233

468

214

463

234

APPROPRIATIONS-Continued.

Post

Office Department-transfers-ac-
counting evidence required to authorize
the transfer of appropriations to the Agri-
culture Department for the inspection,
analyses, and tests of foods and other
products...

State Department-"Relief and protection
of American seamen "-inapplicable to
payment to steamship owners or oper-
ators for transportation of destitute or
shipwrecked seamen if their last previous
service was on a vessel of such steamship
owner or operator and was not terminated
by desertion..
Tennessee Valley Authority-transfers-
advance may not be made of funds of the
Tennessee Valley Authority to the War
Department to complete the construc-
tion of a lock on the Tennessee River, for
which the Department's own appropria-
tion has become exhausted.
Transfers:

Post Office Department to Agriculture
Department-accounting evidence re-
quired to authorize the transfer of ap-
propriations to the Agriculture Depart-
ment for the inspection, analyses, and
tests of foods and other products.......
Shipping Board to Interstate Commerce
Commission-may be made not to
exceed the regular salary and author-
ized expenses of the personnel loaned,
upon the filing of a statement by the
proper officer agreeing to the transfer..
Tennessee Valley Authority to War
Department-advance may not be
made of funds of the Tennessee Valley
Authority to the War Department to
complete the construction of a lock on
the Tennessee River, for which the De-
partment's own appropriation has
become exhausted.

ARMY:

See Medical treatment; Mileage; Pay; Trans-
portation.
ATTORNEYS:

Fees-under title 39, chap. 10, sec. 381, U.S.
Code, providing for registration of mail
and indemnification of owner for losses
"in the mail", there is no authority for
including as a part of such indemnifica-
tion the fees paid attorneys in connec-
tion with securing duplicates of securi-
ties, etc., lost in the mail.
AUTHORITY:

See Departments and establishments, heads.
AUTOMOBILES:

See Contracts, subject matter; Mileage;
Transportation; Traveling expenses.

BAILMENTS:

Hire-damages-under a contract entered
into by the Coast and Geodetic Survey for
the hire of a launch and the services of the