« PreviousContinue »
PART 11–CERTIFICATIONS BY CONTRACTORS AND
Sec. 11.1 Necessity for, and form of, gen- 11.2 Manner of execution of certiferal and special certificates.
cates. Section 11.1 Necessity for, and form of, general and special certificates. By reason of the numerous and varied types of supplies and services, and the different statutory and contract requirements imposed on certain classes of expenditures, the general certificate now appearing on Standard Form 1034-Revised, Voucher for Purchases and Services Other Than Personal, is insufficient to properly cover all transactions, and additional certifications must be required of vendors and contractors to cover certain special classes of purchases, and the forms of certifications to cover such special classes are hereby prescribed as follows:
(a) General certificate for procurements under general contracts or agreements (now appearing on Standard Form 1034-Revised)& when the nature of the contract or agreement does not require additional certificate(s):
I certify that the above bill is correct and just; that payment therefor has not been received ; and that except as otherwise noted all of the articles, materials, and supplies furnished under purchase order No.
if unmanufactured articles, materials, and supplies have been mined or produced in the United States, and if manufactured articles, material, and supplies, they have been manufactured in the United States substantially all from articles, materials, or supplies mined, produced, or manufactured, as the case may be, in the United States.
(b) Reduction in wage rates under contracts or agreements which provide that the Government is to receive the benefit of any reduction in wage rates requires that in addition to the general certificate, No. 1, there be furnished the following certificate:
I certify that the United States received the benefit of reduction, if any, in the wage rate(s) in accordance with the stipulations under the contract.
(c) Wages, rights, and hours of work of employees for procurements by law and/or under contracts, etc., require that in addition to the general certificate, No. 1, there be furnished the following certificate:
I certify that the stipulations required by law and/or under contract, etc., with respect to wages, rights, and hours of work of employees have been complied with.
Examples: The labor stipulations in the Acts of July 5, 1935, 49 Stat. 449; June 30, 1936, 49 Stat. 2036; and April 26, 1937, 50 Stat. 72, 87.
(d) Decline in market price for procurements under contracts or agreements which provide that the Government is to receive the benefit of any decline in market price requires that in addition to the general certificate, No. 1, there be furnished the following certificate:
I certify that the United States received the benefit of decline, if any, in the market price(s) in accordance with the stipulations under the contract.
* On future reprints of Standard Form 1034-Revised the words "that State or local sales taxes are not included in the amount billed and that tax exemption certificates therefor have been received" will be incorporated in the vendor's certificate.
(e) Decrease in freight rates for procurements under contracts or agreements which provide that the Government is to receive the benefit of any decrease in freight rates requires that in addition to the general certificate, No. 1, there be furnished the following certificate:
I certify that the United States received the benefit of decrease(s), if any, in freight rates in accordance with the stipulations under the contract.
(f) Tank-wagon, barge, or service station deliveries price for procurements under contracts or agreements covering the purchase of gasoline, kerosene, fuel oil, etc., based on tank-wagon, barge, or service station price requires that in addition to the general certificate, No. 1, there be furnished the following certificate:
I certify that tank-wagon (or barge, service station, etc.) price, at date and point of delivery, is as stated herein.
(g) Temperature adjustments: While no special form of certificate is prescribed for commodities such as oils, petroleum products, etc., contracted for on a temperature-adjustments basis, the vouchers or invoices covering such procurements should contain information as to the temperatures or moisture content involved in the adjustments of the quantities for which the vouchers or invoices are submitted.
(h) Telephone, telegraph, and metered services should, unless special forms are prescribed therefor, be billed on the company's invoices, the original of which must bear the following signed certificate: (Certificate No. 1 is not required in such cases.)
I certify that the above bill is correct and just; that payment therefor has not been received ; that the rates charged were in effect at the time the services were rendered; and that such rates are not in excess of those charged the general public for similar services.
Secs. 309, 311 (f), 42 Stat. 25; 31 U.S.C. 49, 52 (f) [Circ. A-51607, A-49009, Apr. 2, 1938]
11.2 Manner of execution of certificates. The prescribed certificate (s) should be printed, stamped, typed, or written on the voucher or invoice and must be signed (in original only) by the duly authorized representative of the concern billing.
In cases where it is physically impossible to include additional certificate(s) on the FACE of the voucher or invoice, the certificate (s) will be placed on the reverse of the voucher or invoice. Additional (separate) sheets for, duplicates or copies of, certifications only will not be accepted.
Under no conditions should the certificates on Government vouchers or on invoice forms to be attached to such vouchers be signed in blank or at any time prior to submission of the voucher or invoice but after delivery or performance by the claimant. To do so may result in the submission of a false claim against the Government for which the person signing the certificate may be held liable under the law. (Secs, 309, 311 (f), 42 Stat. 25; 31 U.S.C. 49, 52 (f)) [Circ. A-51607, A49009, Apr. 2, 1938] ACCOUNTS AND DEPOSITS, DEPARTMENT OF THE TREASURY: See
Money and Finance: Treasury, 31 CFR Chapter II. ADJUSTED COMPENSATION: See Pensions, Bonuses, and Veterans' Relief,
38 CFR Chapter I. Money and Finance: Treasury, 31 CFR Part 313.
TITLE 5–ADMINISTRATIVE PERSONNEL
CROSS REFERENCES Canal Zone Regulations relating to employees: See Panama Canal, 35 CFR
Part 3. Classification of telephone employees, Federal Communications Commission : See
Telecommunication, 47 CFR Part 51. Conditions of employment of Works Progress Administration and National
Youth Administration : See Public Welfare, 45 CFR Parts 303, 402. Department of State regulations relating to employees and foreign personnel :
See Foreign Relations, 22 CFR Parts 16, 76–78, 93, 98. Personnel regulations of the Department of Commerce: See Commerce, 15 CFR
Part 1. Personnel regulations of the United States Public Health Service: See Public
Health, 42 CFR Part 1. Personnel regulations of the War Department: See Army: War Department,
10 CFR Chapter VII. Regulations of the Department of Agriculture relating to personnel: See 7
CFR 1.1546, 1.2117, 1.2922. Regulations of the Navy Department relating to civilian employees: See Navy,
34 CFR Part 10. Regulations of the Office of Indian Affairs relating to health facilities and
duties of health personnel : See Indians, 25 CFR Part 84.
Civil Service Act and rules, statutes, Executive orders, and regulations, with
notes and legal decisions, amended to June 30, 1937. The Civil Service Retirement Act, with annotations and regulations. (Includes
abstracts of decisions, opinions, regulations, and comments relating to the Acts of May 22, 1920, July 3, 1926, and May 29, 1930, and amendments
thereto.) Form 3020, Dec. 1935. Eligibility and certification. Form 2424. Feb. 1937.
General information regarding the United States Civil Service. Form 2346,
Mar. 1937. Information concerning transfer. Form 305, June 1938. Information in answer to inquiry. Form 2809, June 1937. Instructions to applicants for the fourth-class postmaster examination. Form
1759, Mar. 1938. Physical regulations. Form 2313, Jan. 1938. Political activity and political assessments of Federal office-holders and em
ployees. Form 1236, Aug. 1936. Positions for which deaf-mutes may be considered. Form 1786, Jan. 1938. Reinstatement and reemployment. Form 126, Jan. 1937. Removal, reduction, suspension, and furlough. Form 505, Oct. 1937. Veteran preference. Form 1481, June 1937.
For list of abbreviations used in this chapter, see note to 8 1.1.
PART 1–POLITICS AND RELIGION
Civil Service Rule I 1.1 No interference with elections. 1.2 No disclosures or discriminations. 1.3 Recommendations not considered.
Regulations under Civil Service
Rule I 1.101 Political activity.
eral and other Government
agencies. 1.103 Interpretation of, and exemptions
from, Executive order of Jan. 17,
1873 (8 1.102). 1.104 Other exemptions from the opera
tion of Executive order of Jan. 17, 1873, as amended.
CIVIL SERVICE RULE I Section 1.1 No interference with elections. No person in the executive civil service shall use his official authority or influence for the purpose of interfering with an election or affecting the result thereof. Persons who by the provisions of the rules in this chapter are in the competitive classified service, while retaining the right to vote as they please and to express privately their opinions on all political subjects, shall take no active part in political management or in political campaigns.* [E.O. June 3, 1907)
*88 1.1 to 1.104, inclusive, (with the exceptions noted in the text,) issued under the authority contained in R.S. 1753, sec. 2, 22 Stat. 403; 5 U.S.C. 631, 633.
ABBREVIATIONS: The following abbreviations are used in this chapter: E.O.
Executive order. Op. Atty. Gen. Official Opinions of the Attorneys General of the United States. Regs., CSC Regulations of the Civil Service Commission.
1.2 No disclosures or discriminations. No question in any form of application or in any examination shall be so framed as to elicit information concerning the political or religious opinions or affiliations of any applicant, nor shall any inquiry be made concerning such opinions or affiliations, and all disclosures thereof shall be discountenanced. No discrimination shall be exercised, threatened, or promised by any person in the executive civil service against or in favor of an applicant, eligible, or employee in the classified service because of his political or religious opinions or affiliations.* [E.O. 209, Mar. 20, 1903]
1.3 Recommendations not considered. No recommendation of an applicant, eligible, or employee in the competitive service involv
*For statutory citation, see note to $ 1.1.
ing disclosure of his political or religious opinions or affiliations shall be considered or filed by the Commission or by any officer concerned in making appointments or promotions.* [E.O. 209, Mar. 20, 1903]
REGULATIONS UNDER CIVIL SERVICE RULE I 1.101 Political activity. Section 1.1' shall be construed as applying to national, State, county, and municipal politics, and to the activities of any political party, by whatever designation it may be known. Each appointee to the classified civil service shall, upon entering on duty, sign a statement that he will familiarize himself with and observe the rules and laws relating to political activity. No employee in the classified service shall be granted leave of absence for the purpose of working for a political committee or organization, or of becoming a candidate for an elective office with the understanding that he will resign his classified position if nominated or elected. No employee in the classified civil service of the United States shall solicit, collect, receive, or otherwise handle or disburse political contributions. A classified employee shall not serve in any position of election officer unless the failure or refusal to do so would be penalized by the election laws of the State.* (Rule XVI, sec. 1, E.O. 209, Mar. 20, 1903, 5 CFR 16.1) [Regs., CSC, as of June 1, 1938]
1.102 Concurrent employment in Federal and other Government agencies. From and after the 4th day of March, A. D. 1873 (except as herein specified) persons holding any Federal civil office by appointment under the Constitution and laws of the United States will be expected, while holding such office, not to accept or hold any office under any State or Territorial government, or under the charter or ordinances of any municipal corporation; and further, the acceptance or continued holding of any such State, Territorial, or municipal office, whether elective or by appointment, by any person holding civil office as aforesaid under the Government of the United States, other than judicial offices under the Constitution of the United States, will be deemed a vacation of the Federal office held by such person, and will be taken to be and will be treated as a resignation by such Federal officer of his commission or appointment in the service of the United States.
The offices of justices of the peace, of notaries public and of commissioners to take the acknowledgment of deeds, of bail, or to administer oaths shall not be deemed within the purview of this order and are excepted from its operation and may be held by Federal officers.
The appointment of deputy marshals of the United States may be conferred upon sheriffs, or deputy sheriffs. And deputy postmasters, the emoluments of whose office do not exceed $600 per annum, are also excepted from the operation of this order, and may accept and hold appointments under State, Territorial or municipal authority, provided the same be found not to interfere with the discharge of their duties as postmaster. Heads of departments and other officers of the Government who have the appointment of subordinate officers are required to take notice of this section, and to see
*For statutory citation, see note to g 1.1.