to the Government written working data, opinions, briefs, analyses and reports prepared to and including the date of cancellation which have value to the Government in reporting or explaining the work done up to the date of cancellation. 7. Extension of delivery time may be granted the Contractor in the event the project is delayed due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Should the project be delayed due to the fault of the Government, the contract shall be extended in dollar amount to cover any increased costs to the Contractor or the work required under the contract shall be reduced to compensate for the delay. 8. In the case of any dispute arising in the execution of the terms of this agreement, such matter in dispute shall be subject to appeal within 30 days to the Administrator of Veterans' Affairs or his duly authorized representative, whose decision thereon shall be final on the parties concerned. 9. No Member of, or Delegate to Congress, or Resident Commissioner, shall be admitted to any share or part of this contract, or to any benefit that shall arise therefrom unless it be made with a corporation for its general benefit. 10. The Contractor warrants that he has not employed any person to solicit or secure this contract upon any agreement for a commission, percentage, brokerage, or contingent fee. Breach of this warranty shall give the Government the right to annul the contract, or, in its discretion, to deduct from the contract price or consideration the amount of such commission, percentage, brokerage, or contingent fees. This warranty shall not apply to commissions payable by Contractors upon contracts or sales secured or made through bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. 11. No claim against the United States arising under this contract shall be assigned except in accordance with the Assignment of Claims Act, 1940 (Public Law 811, 76th Cong., approved October 9, 1940) (Sec. 203 of title 31 and sec. 15 of title 41, U. S. Code.). 12. The Contractor, in performing the work required by this contract, shall not discriminate against any worker because of race, creed, color, or national origin. 13. The Contractor shall hold and save the Government, its officers, agents, servants and employees, harmless from liability of any nature or kind for or on account of the use of any copyrighted or uncopyrighted composition. 14. The Contractor agrees that all material forming the subject matter of this contract and first produced in the performance of this contract shall be the sole property of the Government, and may not be published or reproduced, in whole or in part, or in any manner or form, other than by the Government or with its express consent. However, the Contractor may reproduce and retain his standard number of copies of the report for his files. The Contractor further agrees that no right at common law or in equity shall be asserted and no claim to copyright by statute shall be established by the Contractor in any material first produced in the performance of this contract. 15. The Contractor agrees to and does hereby grant to the Government, and its officers, agents, and employees acting within the scope of their official duties, a royalty-free, nonexclusive, and irrevocable license to reproduce, translate, publish, use and dispose of, and to authorize others so to do, under any and all copyrighted or copyrightable work not first produced or composed by the Contractor in the performance of this contract but which is incorporated in the material furnished under the contract, provided that such license shall be only to the extent the Contractor now has, or prior to completion or final settlement of the contract may acquire, the right to grant such license without becoming liable to pay compensation to others solely because of such grant. 16. The Contractor agrees that it will exert all reasonable effort to advise the Contracting Officer, at the time of delivering any copyrightable or copyrighted work furnished under the contract, of any adversely held copyrighted or copyrightable material incorporated in any such work and of any invasion of the right of privacy therein contained. 17. The Contractor agrees to report to the Contracting Officer, promptly and in reasonable written detail, any notice or claim of copyright infringement receivable by the Contractor with respect to any material delivered under this contract. 18. In connection with the performance of work under this contract, the Contractor agrees not to employ any person undergoing sentence of imprisonment at hard labor. 19. This contract, to the extent that it is of a character specified in the EightHour Law of 1912 as amended (40 U. S. Code 324-326) and is not covered by the Walsh-Healey Public Contracts Act (41 U. S. Code 35-45), is subject to the following provisions and exceptions of said Eight-Hour Law of 1912 as amended, and to all other provisions and exceptions of said law: No laborer or mechanic doing any part of the work contemplated by this contract, in the employ of the Contractor or any subcontractor contracting for any part of the said work, shall be required or permitted to work more than eight hours in any one calendar day upon such work, except upon the condition that compensation is paid to such laborer or mechanic in accordance with the provisions of this clause. The wages. of every such laborer or mechanie employed by the Contractor or any subcontractor engaged in the performance of this contract shall be computed on a basic day rate of eight hours per day; and work in excess of eight hours per day is permitted only upon the condition that every such laborer and mechanic shall be compensated for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. For each violation of the requirements of this clause a penalty of five dollars shall be imposed upon the Contractor for each such laborer or mechanic for every calendar day in which such employee is required or permitted to labor more than eight hours upon said work without receiving compensation computed in accordance with this clause and all penalties thus imposed shall be withheld for the use and benefit of the Government. IN WITNESS WHEREOF THE parties hereto, at Washington, District of Columbia, have executed this contract as of the day and year first above written. UNITED STATES OF AMERICA, Administrator of Veterans' Affairs, Contracting Officer, Witness: Witness: Mr. HUNTER. I will yield to the gentleman. Mr. KEARNEY. In answer to the thoughts of the lady from Massachusetts, I will say this, and I think that the chairman and Mrs. Rogers will bear me out in this: that during the 10 years that I have been a memberof this committee where outside interests have suggested certain reforms or corrections, or additions in the Veterans' Administration, not once, to my knowledge, has any member of this committee ever been asked to testify or been consulted on any of the proposed suggestions. After all, it is our responsibility to enact the legislation that is coming from this committee. We should know what it is all about. Mrs. ROGERS. It was so objectionable when the task force of the Hoover Commission did not consult us. Mr. KEARNEY. Not once.. Mrs. ROGERS. I went to certain people before they started, talked to Mr. Hoover, but at that time he did not indicate at all what the report was going to be, and I doubt if he approved all of it. I understand he did not. Mr. ROGERS. Will the general yield right there? I would like to offer an amendment to your motion, General Kearney, to the effect that these further hearings on this bill be delayed until the Booz, Allen & Hamilton report is available and not later than September 1, because I can conceive of situations where this committee might need that report. Mr. KEARNEY. That is his position. Mr. SITTLER. His amendment included the requirement that the report be available. Mr. ROGERS. Yes; but not later than September 1. Mr. KEARNEY. I just understood from Mr. ROGERS. I do not want the committee bound not to consider anything concerning them prior to September 1. I do not want the motion to be confused that the committee is under agreement that they cannot consider the report. Mr. KEARNEY. If the reports are available prior to that time. Mr. KEARNEY. I accept that. The CHAIRMAN. Are you ready? You have heard the motion and the amendment offered by the gentleman from Texas. All in favor of the amendment offered by the gentleman from Texas will let me know by saying aye. (The amendment motion was put to a vote and unanimously carried.) The CHAIRMAN. All in favor of the motion of the gentleman from New York, Mr. Kearney, as amended, let me know by saying aye. (The motion was put to a vote and unanimously carried.) The CHAIRMAN. The vote seems to be unanimous. The committee will stand adjourned. (Whereupon, at 10:45 a. m., the committee adjourned subject to call of the Chair.) (Material requested of Citizens Committee on May 28, 1952, as submitted, and correspondence relating thereto follows:) 20430 0-52- -29 |