FEBRUARY 4, 1924, 3 COMP. GEN. 467
Highlights
IN ALL CASES WHERE THE AMOUNT IS LESS THAN $500. MAY BE ESTABLISHED BY A CERTIFICATE BY THE CONTRACTING OFFICER REPRESENTING THE GOVERNMENT TO THE EFFECT THAT SUCH OFFICERS ARE THE SAME OFFICERS WHO ARE AUTHORIZED TO AND DO SIGN SIMILAR CONTRACTS ON BEHALF OF THE CORPORATION WITH THE PUBLIC GENERALLY. 3 COMP. 1924: I HAVE YOUR LETTER DATED DECEMBER 12. THE CONTRACTS OF THE INTERIOR DEPARTMENT ARE REQUIRED TO BE REDUCED TO WRITING AND SIGNED BY THE PARTIES. AS TO WHICH IT WAS SAID IN THE COMMUNICATION TO YOU DATED JANUARY 21. IS ONE OF EVIDENCE. THE AUTHORITY OF THE CONTRACTING OFFICER TO SIGN IS USUALLY A MATTER OF PUBLIC RECORD. IT IS OTHERWISE AS TO OFFICERS OF CORPORATIONS. ARE THE SAME OFFICERS WHO ARE AUTHORIZED TO AND DO SIGN SUCH REGULAR SERVICE CONTRACTS ON THEIR BEHALF WITH THE PUBLIC GENERALLY.
FEBRUARY 4, 1924, 3 COMP. GEN. 467
CONTRACTS - EVIDENCE OF AUTHORITY TO SIGN THE AUTHORITY OF OFFICERS OF CORPORATIONS TO SIGN CONTRACTS WITH THE GOVERNMENT ON BEHALF OF THE CORPORATION, IN ALL CASES WHERE THE AMOUNT IS LESS THAN $500, MAY BE ESTABLISHED BY A CERTIFICATE BY THE CONTRACTING OFFICER REPRESENTING THE GOVERNMENT TO THE EFFECT THAT SUCH OFFICERS ARE THE SAME OFFICERS WHO ARE AUTHORIZED TO AND DO SIGN SIMILAR CONTRACTS ON BEHALF OF THE CORPORATION WITH THE PUBLIC GENERALLY. 3 COMP. GEN., 436, EXTENDED.
COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE INTERIOR, FEBRUARY 4, 1924:
I HAVE YOUR LETTER DATED DECEMBER 12, 1923, REQUESTING RECONSIDERATION OF THE SUBJECT MATTER OF LETTER FROM THIS OFFICE DATED OCTOBER 3, 1923, ADVISING AS TO THE NECESSARY EVIDENCE REQUIRED OF THE AUTHORITY OF THE PARTICULAR PARTIES TO SIGN CONTRACTS, OR IN LIEU THEREOF, SIGNIFYING THE ACCEPTABILITY, IN THE INSTANCED CASES, OF A CERTIFICATE FROM THE DIRECTOR OF THE BUREAU OF MINES TO THE EFFECT THAT HE HAS FULLY SATISFIED HIMSELF AS TO THE AUTHORITY OF THE OFFICER OR AGENT TO EXECUTE THE CONTRACT FOR THE UNITED STATES.
THE CONTRACTS OF THE INTERIOR DEPARTMENT ARE REQUIRED TO BE REDUCED TO WRITING AND SIGNED BY THE PARTIES, AS TO WHICH IT WAS SAID IN THE COMMUNICATION TO YOU DATED JANUARY 21, 1924, 3 COMP. GEN., 436:
THE QUESTION AS TO WHETHER A CONTRACT HAS BEEN PROPERLY SIGNED "BY THE CONTRACTING PARTIES WITH THEIR NAMES AT THE END THEREOF," AS REQUIRED BY SECTION 3744, REVISED STATUTES, IS ONE OF EVIDENCE. THE AUTHORITY OF THE CONTRACTING OFFICER TO SIGN IS USUALLY A MATTER OF PUBLIC RECORD, BUT IT IS OTHERWISE AS TO OFFICERS OF CORPORATIONS, AND AS TO THEM THEIR AUTHORITY MUST BE AFFIRMATIVELY ESTABLISHED IN EACH INSTANCE, THE USUAL METHOD OF ESTABLISHING SUCH AUTHORITY BEING BY FILING WITH THE CONTRACT EXTRACTS FROM THE ARTICLES OF INCORPORATION, BY-LAWS, OR THE MINUTES OF THE BOARD OF DIRECTORS, DULY CERTIFIED BY THE CUSTODIAN OF SUCH RECORDS UNDER THE CORPORATE SEAL.
HOWEVER, IF THE OFFICERS OF PUBLIC SERVICE CORPORATIONS, SUCH AS TELEGRAPH AND TELEPHONE COMPANIES, ETC., WHO SIGN THE REGULAR SERVICE CONTRACTS ON THEIR BEHALF WITH THE GOVERNMENT, ARE THE SAME OFFICERS WHO ARE AUTHORIZED TO AND DO SIGN SUCH REGULAR SERVICE CONTRACTS ON THEIR BEHALF WITH THE PUBLIC GENERALLY, AND IF A CERTIFICATE BY THE CONTRACTING OFFICER TO THAT EFFECT IS ATTACHED TO THE CONTRACT, THAT WILL SATISFY THE REQUIREMENTS OF THIS OFFICE.
THIS CITATION, STATING A RULE THAT THERE MAY BE FURNISHED A CERTIFICATE BY THE GOVERNMENT CONTRACTING OFFICER OF THE AUTHORITY OF THE PARTICULAR PERSON TO SIGN A BINDING CONTRACT, IN THE SPECIAL CASES THEREIN CONSIDERED, IS EXTENDED TO OTHER CONTRACTS IN AMOUNTS LESS THAN $500, AND A CERTIFICATE BY THE CONTRACTING OFFICER THAT "I HAVE SATISFIED MYSELF THAT THE OFFICER WHO SIGNS THIS CONTRACT HAS AUTHORITY TO SIGN, BEING AN OFFICER WHO SIGNS SIMILAR CONTRACTS ON BEHALF OF THE CORPORATION WITH THE PUBLIC GENERALLY," WHEN ATTACHED TO THE CONTRACT WILL BE ACCEPTABLE AS SUFFICIENT EVIDENCE OF THE AUTHORITY FOR SUCH SIGNING. SEE IN THIS CONNECTION 29 MS. COMP. GEN., 214.