15. SUPPLIES PURCHASED...[

Must be taken up on "Property account" (Q. M. C. Form 200), "Return of subsistence stores" (Q. M. C. Form 219), or "Field record of quartermaster supplies" (Q. M. C. Form 253). See" Property accountability," pars.2106 to 2170. See Q.M.C. Forms 217, 217a, 220, and 221. Coal, whether paid for or not, must be taken up on Q. M. C. Form 210 as soon as received when B. t. u. system of purchasing (par. 2144) is used.

Must be taken up on "Property account" (Q. M. C. Form 200), "Return of subsistence stores" (Q. M. C. Form 219), or "Field record of quartermaster supplies" (Q. M. C. Form 253). See "Property accountability," pars. 2106 to 2170. See Q.M. C. Forms 217, 217a, 220, and 221.

Coal, whether paid for or not, must be taken up on Q. M. C. Form 210 as soon as received when B. t. u. system of purchasing (par. 2144) is used.

Must be taken up on "Property account" (Q. M. C. Form 200), "Return of subsistence stores" (Q. M. C. Form 219), or "Field record of quartermaster supplies" (Q. M. C. Form 253). See "Property accountability," pars. 2106 to 2170. See Q. M. C. Forms 217, 217a, 220, and 221.

714.

PURCHASE OF SUPPLIES AND ENGAGEMENT OF SERVICES-Continued.

GENERAL PROVISIONS-Continued,

PROCEDURE IN MAKING PURCHASE OF SUPPLIES AND ENGAGEMENT OF NONPERSONAL SERVICES-Continued.

15. SUPPLIES PURCHASED...

Must be taken up on "Property account" (Q. M. C. Form 200), "Return of subsistence stores" (Q. M. C. Form 219), or "Field record of quartermaster supplies" (Q. M. C. Form 253). See Property accountability," pars. 2106 to 2170. See Q.M. C. Forms 217, 217a, 220, and 221. Coal, whether paid for or not, must be taken up on Q.M. C. Form 210 as soon as received when B. t. u. system of purchasing (par. 2144) is used.

Must be taken up on "Property account" (Q. M. C. Form 200), "Return of subsistence stores" (Q. M. C. Form 219), or "Field record of quartermaster supplies" (Q. M. C. Form 253). See" Property accountability," pars. 2106 to 2170. See Q. M. C. Forms 217, 217a, 220, and 221.

Coal, whether paid for or not, must be taken up on Q. M. C. Form 210 as soon as received when B. t. u. system of purchasing (par. 2144) is used.

Must be taken up on "Property account" (Q. M. C. Form 200), "Return of subsistence stores" (Q. M. C. Form 219), or "Field record of quartermaster supplies" (Q. M. C. Form 253). See "Property accountability," pars. 2106 to 2170. See Q. M. C. Forms 217, 217a, 220, and 221.

715. The Secretary of War shall from time to time define and prescribe the kinds as well as the amount of supplies to be purchased by the Subsistence and Quartermaster Departments (now Quartermaster Corps) of the Army. (R. S, 219.)

716. The methods by which supplies may be purchased and nonpersonal services engaged are as follows: (A) By formal contract reduced to writing and signed by the contracting parties with their names at the end thereof

1. After advertising, with the lowest responsible bidder for the best and most suitable supplies or services.

2. After advertising, with other than the lowest responsible bidder, when proposals received are above the market price or otherwise unreasonable.

3. Without advertising, when it is impracticable to secure competition.

4. Without readvertisement, when proposals have been invited and none have been received.

5. Without advertising, when immediate delivery or performance is required by public exigency. (B) By proposal and acceptance agreement or by proposal and letter of acceptance, unless there is involved the construction, repair, or alteration of public works (including vessels)—

When delivery or performance is to be completed within 60 days, and the total amount or cost involved does not exceed $5,000; or

When the total cost of the supplies or services does not exceed $500, irrespective of the time of delivery or performance

1. After advertising, with the lowest responsible bidder for the best and most suitable supplies or services.

2. After advertising, with other than the lowest responsible bidder, when proposals received are above the market price or otherwise unreasonable.

3. Without advertising, when it is impracticable to secure competition.

4. Without readvertisement, when proposals have been invited and none have been received.

5. Without advertising, when immediate delivery or performance is required by a public exigency. (C) By open-market purchase (without advertisement or contract) in the manner common among business men, when the delivery or performance immediately follows the award or bargain

1. When immediate delivery or performance is required by a public exigency.

2. When it is impracticable to secure competition.

3. When proposals have been invited and none received.

4. When proposals received are above the market price or otherwise unreasonable.

5. When exceptional articles of subsistence stores are to be procured.

6. When the aggregate amount or cost of the supplies or services to be procured does not exceed $500 in amount.

7. When the service is for newspaper advertising.

8. When purchases are made from Indians.

717. A purchase of supplies or engagement of services may be made

1. By contract, "reduced to writing and signed by the contracting parties with their names at the end thereof." Agreements of this character only are termed "contracts" in these regulations. This method will, subject to such exceptions as may be authorized by regulations of particular staff departments issued in accordance with law, be used when delivery or performance does not immediately follow an award or bargain, as contemplated by section 2 of this paragraph or by section 1 of paragraph 551, Army Regulations, 1913.

2. By written proposal and written acceptance, when authorized by regulations of particular staff departments issued in accordance with law, or when the entire amount of supplies or services reasonably to be anticipated does not exceed $500 and delivery or performance immediately follows an award or bargain. 3. By less formal agreement, when no formal contract is required under the foregoing exceptions, and the supplies or services have been procured without advertising under circumstances indicated in paragraph 551, Army Regulations, 1913. (A. R. 550, 1913.)

718. No contract or purchase on behalf of the United States will be made unless it is authorized by law, or is made under an appropriation adequate to its fulfillment, except for clothing, subsistence, forage, fuel, quarters, transportation, or medical and hospital supplies, which, however, will not exceed the necessities of the current year. No officer of the United States will accept voluntary service for the Government or employ personal service in excess of that authorized by law, except in case of sudden emergency involving loss of human life or the destruction of property. (A. R. 515, 1913.)

719. All purchases and contracts for supplies or services, in any of the departments of the Government, except for personal services, shall be made by advertisement 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. (R. S., 3709.)

720. Supplies and services not personal, required for the use of the Army, will be procured where they can be purchased the cheapest, quality and cost of transportation and the interests of the Government considered. Except as indicated in paragraph 551, Army Regulations, 1913, and in the special regulations

of the several staff departments, they will be procured only after public notice inviting proposals for the same. (A. R. 519, 1913.)

721. An officer charged with the duty of making a contract or purchase is responsible under the laws and regulations for his action. Permission or orders to make a contract or purchase without inviting competition will not justify the procedure, and will not be given. (A. R. 520, 1913.)

Special attention is invited to the above paragraph. Competition must be invited in making purchase of supplies and engagement of nonpersonal services whether the procurement is to be made by contract circular proposal and acceptance or in open market, except where it is impracticable to secure competition because of

(a) Under a formal contract for construction there arises a necessity for additional work practicable of performance only by the contractor.

(b) The articles wanted are patented or copyrighted and not on sale by dealers, but by the owners of the patent or copyright or their agents or assigns alone, at a fixed and uniform price.

(c) There is only one dealer within a practicable distance from whom the articles can be obtained. (d) Prices or rates are fixed by legislation, either Federal, State, or municipal; or by competent regulation. (e) Previous advertising for the identical purchase has been followed by the receipt of no proposals or only of such as were unreasonable, and under circumstances indicating that further advertising would not alter results.

722. Officers or agents in the military service will not purchase supplies for the Government from any other person who sustains, at the time, an active relation to military or civil administration under the War Department, nor contract with any such person to furnish supplies or service to the Government, except military publications and maps approved by the War Department for the official use of the Army and the National Guard, nor make any Government purchase or contract in which such person shall be admitted to share or receive benefit. (A. R. 521, as changed by C. A. R. 51, 1917.)

723. No officer disbursing money for the military service, or directing the disbursement thereof, shall be concerned individually, directly or indirectly, in the purchase or sale of any article intended for, used by, or pertaining to the department of the public service in which he is engaged. (A. R. 591, 1913.) 724. The Army appropriation act for the fiscal year 1916, approved March 4, 1915, contains the following provision:

"Hereafter whenever contracts which are not to be performed within sixty days are made on behalf of the Government by the Quartermaster General, or by officers of the Quartermaster Corps authorized to make them, and are in excess of $500 in amount, such contracts shall be reduced to writing and signed by the contracting parties. In all other cases contracts shall be entered into under such regulations as may be prescribed by the Quartermaster General."

Pursuant to the authority conferred by this statute, the following regulations are prescribed:

(A) Proposal and acceptance agreements or circular proposals and letters of acceptance may be used in contracting for any supplies or services, except where the construction, repair, or alteration of public work (including vessels) is involved, to be procured by the Quartermaster Corps (and such agreements will constitute valid binding contracts) when

1. The amount involved does not exceed $500, irrespective of the time required for completion; or 2. The time required for completion is not more than 60 days, and the amount involved does not exceed $5,000.

(B) Contracts reduced to writing and signed by the contracting parties with their names at the end thereof shall be used in all cases when the transaction involves

1. An amount of more than $5,000, irrespective of time required for completion.

2. Construction, repair, or alteration of public works (including vessels), except when amount involved does not exceed $500 and transaction is an open-market purchase.

(C) Contracts reduced to writing and signed by the contracting parties with their names at the end thereof may be used in such other cases as, in the judgment of the contracting officer, may be essential to the best interests of the United States.

725. Articles of Classes A, A-1, and B may, in the discretion of department authorities, except as indicated in list of such supplies, be supplied by whichever of the following ways is deemed most advantageous: (a) Purchase by department quartermaster and shipped to post.

(b) Authorized purchase by post quartermaster in vicinity of post.

(c) Supply from a designated depot.

(d) Partial supply from a designated depot, purchase by department quartermaster, and by post quartermaster in vicinity of post.

(e) Transfer from posts within the department when there is an excess of supplies.

726. When the purchase of supplies pertaining to a particular letter of allotment has been completed the quartermaster of a post or station will report the cost under each appropriation to the department quartermaster, stating voucher numbers and date of purchase and purposes for which savings, if any, will be used.

727. Department quartermasters before directing action as authorized in paragraph 725 hereof, on articles called for in requisitions not marked with an asterisk in list of Class A supplies, will take steps to satisfy themselves that said articles can not be purchased locally at the post or station submitting the requisition at a cost equal or less than at supply points or in the market local to the department quartermaster, quality and cost of transportation and the interests of the Government considered.