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1895–7. Hearings and orders; witness fees; failure to obey order; punishment.—Upon his own motion or on application of any person affected by any ruling of any agency of the United States in relation to any proposal or contract involving any of the provisions of this Act, and on complaint of a breach or violation of any representation or stipulation as herein provided, the Secretary of Labor, or an impartial representative designated by him, shall have the power to hold hearings and to issue orders requiring the attendance and testimony of witnesses and the production of evidence under oath. Witnesses shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. In case of contumacy, failure, or refusal of any person to obey such an order, any District Court of the United States or of any Territory or possession, or the Supreme Court of the District of Columbia, within the jurisdiction of which the inquiry is carried on, or within the jurisdiction of which said person who is guilty of contumacy, failure, or refusal is found, or resides or transacts business, upon the application by the Secretary of Labor or representatives designated by him, shall have jurisdiction to issue to such person an order requiring such person to appear before him or representative designated by him, to produce evidence if, as, and when so ordered, and to give testimony relating to the matter under investigation or in question; and any failure to obey such order of the court may be punished by said court as a contempt thereof; and shall make findings of fact after notice and hearing, which findings shall be conclusive upon all agencies of the United States, and if supported by the preponderance of the evidence, shall be conclusive in any court of the United States; and the Secretary of Labor or authorized representative shall have the power, and is hereby authorized, to make such decisions, based upon findings of fact, as are deemed to be necessary to enforce the provisions of this Act. (June 30, 1936, sec. 5, 49 Stat. 2038; 41 U. S. C., sec. 39.)
1895–8. Exceptions by Secretary of Labor on written finding by head of department; modification of contracts; variations; overtime pay.-Upon a written finding by the head of the contracting agency or department that the inclusion in the proposal or contract of the representations or stipulations set forth in section 1 will seriously impair the conduct of Government business, the Secretary of Labor shall make exceptions in specific cases or otherwise when justice or public interest will be served thereby. Upon the joint recommendation of the contracting agency and the contractor, the Secretary of Labor may modify the terms of an existing contract respecting minimum rates of pay and maximum hours of labor as he may find necessary and proper in the public interest or to prevent injustice and undue hardship. The Secretary of Labor may provide reasonable limitations and may make rules and regulations allowing reasonable variations, tolerances, and exemptions to and from any or all provisions of this Act respecting minimum rates of pay
and maximum hours of labor or the extent of the application of this Act to contractors, as hereinbefore described. Whenever the Secretary of Labor shall permit an increase in the maximum hours of labor stipulated in the contract, he shall set a rate of pay for any overtime, which rate shall be not less than one and one-half times the basic hourly rate received by any employee affected. (June 30, 1936, sec. 6,49 Stat. 2038; 41 U.S.C., sec. 40.)
1895–9. "Person" defined.—Whenever used in this Act, the word “person” includes one or more individuals, partnerships, associations, corporations, legal representatives, trustees, trustees in bankruptcy. or receivers. (June 30, 1936, sec. 7, 49 Stat. 2039; 41 U. S.C., sec. 41.)
1895–10. Construction of act not to affect other acts mentioned. The provisions of this Act shall not be construed to modify or amend title III of the Act entitled “An Act making appropriations for the Treasury and Post Office Departments for the fiscal year ending June 30, 1934, and for other purposes”, approved May 3, 1933 . (commonly known as the Buy American Act), nor shall the provisions of this Act be construed to modify or amend the Act entitled "An Act relating to the rate of wages for laborers and mechanics employed on public buildings of the United States and the District of Columbia by contractors and subcontractors, and for other purposes”, approved March 3, 1931 (commonly known as the Bacon-Davis Act), as amended from time to time, nor the labor provisions of title II of the National Industrial Recovery Act, approved June 16, 1933, as extended, or of section 7 of the Emergency Relief Appropriation Act, approved April 8, 1935; nor shall the provisions of this Act be construed to modify or amend the Act entitled "An Act to provide for the diversification of employment of Federal prisoners, for their training and schooling in trades and occupations, and for other purposes”, approved May 27
, 1930, as amended and supplemented by the Act approved June 23, 1934. (June 30, 1936, sec. 8, 49 Stat. 2039; 41 U. S. C., sec. 42.)
1895–11. Inapplicability of act to certain materials.—This Act shall not apply to purchases of such materials, supplies, articles, or equipment as may usually be bought in the open market; nor shall this Act apply to perishables, including dairy, livestock and nursery products, or to agricultural or farm products processed for first sale by the original producers; nor to any contracts made by the Secretary of Agriculture for the purchase of agricultural commodities or the products thereof. Nothing in this Act shall be construed to apply to carriage of freight or personnel by vessel, airplane, bus, truck, express, or railway line where published tariff rates are in effect or to common carriers subject to the Communications Act of 1934. (June 30, 1936. sec. 9, 49 Stat. 2039; 41 U.S. C., sec. 43.)
1895–12. Effect of partial invalidity.-If any provision of this Act, or the application thereof to any persons or circumstances, is held invalid, the remainder of the Act, and the application of such provisions to other persons or circumstances, shall not be affected thereby. (June 30, 1936, sec. 10, 49 Stat. 2039; 41 U. S. C., sec. 44.)
1895–13. Effective date; exception as to representation with respect to minimum wages. ---This Act shall apply to all contracts entered into pursuant to invitations for bids issued on or after ninety days from the effective date of this Act: Provided, however, That the provisions requiring the inclusion of representations with respect to minimum wages shall apply only to purchases or contracts relating to such industries as have been the subject matter of a determination by the Secretary of Labor. (June 30, 1936, sec. 11, 49 Stat. 2039; 41 U. S. C., sec. 45.)
1895–14. Committee on purchases of blind-made products created.--That there is hereby created a Committee to be known as the Committee on Purchases of Blind-made Products (hereinafter referred to as the
"Committee") to be composed of a private citizen conversant with the problems incident to the employment of the blind and a representative of each of the following Government Departments : The Navy Department, the War Department, the Treasury Department, the Department of Agriculture, the Department of Commerce, and the Department of the Interior. The members of the Committee shall be appointed by the President, shall serve without additional compensation, and shall designate one of their number to be chairman. (June 25, 1938, sec. 1, 52 Stat, 1196; 41 U.S. C., sec. 46.)
1895–15. Duties of Committee. It shall be the duty of the Committee to determine the fair market price of all brooms and mops and other suitable commodities manufactured by the blind and offered for sale to the Federal Government by any non-profit-making agency for the blind organized under thelaws of the United States or of any State, to revise such prices from time to time in accordance with changing market conditions, and to make such rules and regulations regarding specifications, time of delivery, authorization of a central non-profitmaking agency to facilitate the distribution of orders among the agencies for the blind, and other relevant matters of procedure as shall be necessary to carry out the purposes of this Act: Provided, That no change in price shall become effective prior to the expiration of fifteen days from the date on which such change is made by the Committee. (June 25, 1938, sec. 2, 52 Stat. 1196; 41 U.S. C., sec. 47.)
1895–16. Federal departments to procure brooms and mops, etc., from agencies for the blind. --All brooms and mops and other suitable commodities hereafter procured in accordance with applicable Federal specifications by or for any Federal department or agency shall be procured from such non-profit-making agencies for the blind in all cases where such articles are available within the period specified at the price determined by the committee to be the fair market price for the article or articles so procured : Provided, That this Act shall not apply in any cases where brooms and mops are available for procurement from any Federal department or agency and procurement therefrom is required under the provisions of any law in effect on the date of enactment of this Act, or in cases where brooms and mops are procured for use outside continental United States. (June 25, 1938, sec. 3, 52 Stat. 1196; 41 U.S.C., sec. 48.)
1895–17. Authorizing the obligation of funds for work at Governmentowned establishments. That nothing contained in title VI, part II, of the Legislative Appropriation Act for the fiscal year 1933 (47 Stat., 417), as amended by section 8 of the First Deficiency Appropriation Act, fiscal year 1936 (49 Stat., 1648), shall be construed as modifying or amending the provision in the Naval Appropriation Act for the fiscal year 1923 (42 Stat., 812), which reads as follows: "That all orders or contracts for work or material, under authorization of law heretofore or hereafter placed with Government-owned establishments, shall be considered as obligations in the same manner as provided for similar orders or contracts placed with private contractors, and appropriations for such work or material shall remain available for payment therefor as in the case of orders or contracts placed with private contractors. (June 2, 1937, 50 Stat. 245; see also par. 1891, Laws Applicable, 1935.)
1895–18. Orders of War and Navy Departments to have precedence over existing contracts.—The President is empowered, through the head of the War Department or the Navy Department of the Government, in addition to the present authorized methods of purchase or procurement, to place an order with any individual, firm, association, com. pany, corporation, or organized manufacturing industry for such product or material as may be required, and which is of the nature and kind usually produced or capable of being produced by such individual, firm, company, association, corporation, or organized manufacturing industry.
Compliance with all such orders for products or material shall be obligatory on any individual, firm, association, company, corporation, or organized manufacturing industry or the responsible head or heads thereof and shall take precedence over all other orders and contracts theretofore placed with such individual, firm, company, association, corporation, or organized manufacturing industry. (Sept. 16, 1940, sec. 9, 54 Stat. 892.)
1895–19. Consolidated exceptions to Section 3709, Revised Statutes.-That section 3709 of the Revised Statutes shall not be construed to apply to any purchases or services authorized by any appropriation Act for the hereinafter enumerated departments and independent offices
(b) Where the aggregate amount involved does not exceed the sum of $50
(2) The Department of Agriculture.
(c) Where the aggregate amount involved does not exceed the sum of $100%
(6) The Rural Electrification Administration.
(Oct. 10, 1940; sec. 1, 54 Stat. 1109.)
1895–20. Same; exception affecting statutes relating to control of ontbreaks of insect pests or plant diseases, etc.—(a) Materials and equipment for the control of incipient or emergency outbreaks of insects, pests, or grass diseases, including grasshoppers, Mormon crickets, and chinch bugs, may be procured with any sums appropriated to carry out the provisions of Public Resolution Numbered 91, approved May 9, 1928, without regard to the provisions of section 3709 of the Revised Statutes, as amended, and the transportation thereof may be under such conditions and means as shall be determined by the Secretary of Agriculture to be most advantageous.*
(b) When the aggregate amount involved does not exceed the sum of $300, section 3709 of the Revised Statutes shall not apply to any purchase or service for which expenditures are incurred from funds allocated to Government agencies for obligation under the Act of June 28, 1937 (50 Stat. 319), relating to the Civilian Conservation Corps. (Oct. 10, 1940; Sec. 3, 54 Stat. 1111.)
*As enacted. Public, No. 91, 75th Congress, was approved May 9, 1938 ; and provides for control of "Incipient or emergency outbreaks of insect pests, or plant diseases.
1895–21. Same; repealing section.-(a) The sections or parts of sections of the Statutes at large heretofore covering the provisions consolidated in this Act are hereby repealed insofar as they are incorporated in the United States Code, 1934 Edition and Supplements thereto, as shown by the appended table: Provided, however, That any rights or liabilities existing under such repealed sections or parts of sections shall not be affected by their repeal.
(Oct. 10, 1910; Sec. 4, 54 Stat. 1111.)
PUBLIC PRINTING AND DOCUMENTS
JOINT COMMITTEE ON PRINTING; GENERAL POWERS; CONTRACTS
1967–1. Opening bids on paper and envelopes; bonds. The sealed proposals to furnish paper and envelopes shall be opened in the presence of the Joint Committee on Printing and the contracts shall be awarded by them to the lowest and best bidder for the interest of the Government; but they shall not consider any proposal which is not accompanied by a bond with security or certified check in the amount of $5,000 guaranteeing that the bidder or bidders, if his or their proposal is accepted, will enter into a formal contract with the United States to furnish the paper or envelopes specified; nor shall any proposal from persons unknown to them be considered unless accompanied by satisfactory evidence that the person making the proposal is a manufacturer of or dealer in the description of paper or envelopes proposed to be furnished. (As amended June 16, 1938, sec. 3, 52 Stat. 761; 44 U.S. C., sec. 7.)
1967–2. Comparison of paper and envelopes with standard quality.—The Public Printer shall compare every lot of paper and envelopes delivered by a contractor with the standard of quality fixed upon by the Joint Committee on Printing, and shall not accept any paper or envelopes which does not conform to it in every particular: Provided, however, That any lot of delivered paper or envelopes which does not conform to such standard of quality may be accepted by the Joint Committee on Printing at such discount as, in its opinion, may be sufficient to protect the interests of the Government. (As amended June 20, 1936, sec. 13, 49 Stat. 1553; 44 U. S. C., sec. 9.)
1967–3. Purchase of other printing materials; purchase by departments and Governmental agencies. --The Joint Committee on Printing may permit the Public Printer to authorize any executive department or independent office or establishment of the Government to purchase direct for its use such printing, binding, and blank-book work, otherwise authorized by law, as the Government Printing Office is not able or sụitably equipped to execute or as may be more economically or in the better interest of the Government executed elsewhere; and such Joint Committee also may authorize the Public Printer to procuro services, materials, and supplies for use of the Government Printing Office without regard to the provisions of section 3709 of the Revised Statutes (U. S. C., title 41, sec. 5) whenever the aggregate amount involved is less than $50. (As amended July 8, 1935, sec. 12, 49 Stat. 475; 44 U. S. C., sec. 14.)