7106.12 CHANGE 16, 15 Jan 51 To Part I, Chapter VII "of any typewriting machines (except typewriting machines for veterans under public laws administered by the Veterans' Administration) unless the Administrator of General Services certifies that he is unable to furnish such agency with suitable typewriting machines out of **stock on hand. The Administrator of General Services is au thorized and directed at such times as he may determine to be necessary to survey and determine the numbers and kinds of typewriting machines located in the continental limits of the United States which are at any time surplus to the requirements of any agency in the executive branch of the Government (which shall include all departments, independent establishments, and wholly owned Government corporations). ***Upon such determination, the Administrator of General Services is authorized to direct, upon such notice and in such manner as he may ***prescribe, the head of any such agency to surrender to the General ***Services Administration any and all typewriting machines surplus to its requirements, the costs of packing, shipping, and handling thereof to be charged to the general supply fund. Each such agency shall furnish the Administrator of General Services such information regarding typewriting machines, wherever located, as he may from time to time request. The General Services Administration is authorized and directed to receive, hold, sell, exchange, or supply to any branch of the Government, including the District of Columbia, typewriting machines surrendered to it hereunder. The Administrator of General Services is authorized to charge each agency to which typewriting machines are supplied hereunder amounts equal to the fair value thereof, as determined by him, and such amounts shall be credited to the general supply fund.* * ** *b. Responsibility of The Quartermaster General. See AR 700-235. 7106.13 Acquisition for Civil Works Purposes of Excess Military Supplies and Equipment. See paragraph 4227.06 SECTION 7 DISPOSITION OF PERSONAL PROPERTY 7107.01 Basic Regulations For basic regulations relating to the disposition of personal property see PR No 7. 7107.02 Sale of Surplus Utility Services Surplus utility services, such as water, steam, electricity, etc., produced from a Government source or in Government plants may be sold subject to the provisions of AR 100-95 and AR 420-80. 7107.03 Delegation of Authority to Dispose of Property Division and District Engineers are authorized to exercise the authority vested in the Chief of Engineers relating to the disposition of property under PR No 7 and related regulations. CHANGE 15, 30 Sep 50 To Part 1, Chapter VII 7108.01 SECTION 8. FEDERAL, STATE AND LOCAL TAXES 7108.01 Basic Regulations The applicability of Federal excise taxes, and State and local taxes, to purchases by the Government by both its military and civil works contractors, exemptions, tax articles, forms, policies and procedures are covered in Section XI of ASPR.* a. Contractor's Liability. The Commissioner of Internal Revenue has ruled that the Federal tax imposed by subchapter E, subsection 3475 of the Revenue Act of 1942, imposing a tax of 3% of cost of transporting property, and a tax of 47 per short ton for transporting coal effective 1 December 1942 applies to charges under commercial bills of lading to contractors with the United States where the bills are paid by the contractor. Tax exemption certificates will not be honored for the remission of the tax on such shipments. b. Exemptions; Government bills of lading. The transportation tax is not applicable on property shipped on a Government bill of lading or on a commercial bill of lading converted to a Government bill of lading when the freight is paid by the Government. 7108.03 Instructions to Bidders Concerning Taxes It is the policy of the Corps of Engineers generally to place all contracts and purchase orders on a Federal tax-inclusive basis. Requests for bids and contractors' proposal on other than a Federal tax-inclusive basis should designate specifically Federal taxes are not included in the prices and such information should be included specifically in the formal definitive contract and appropriate tax exemption certificates should be furnished the contractor. 7108.04 Tax Clause. Attention is invited to ASPR 11-401 where the tax clause for use in fixed price contracts is set out. This tax clause is approved for use at the option of the contracting officer. The use of this tax clause is to be limited to fixed price supply contracts and it should not be utilized in fixed price construction contracts. The Armed Services Procurement Regulations do not purport to include all material necessary to a decision in every case, and Contracting Officers will refer doubtful questions relative to these matters to the Chief of Engineers, Attention: ENGAC, for decision.* 7109.01 SECTION 9 LABOR CHANGE 15, 30 Sep 50 To Part I, Chapter VII 7109.01 Basic Regulations a. General. For basic regulations relating to labor see Sec. IX of JPR, and Section XII of ASPR. b. JPR 9-601 refers to the publications of the Secretary of Labor relative to the Walsh-Healy Act and to forms issued pursuant to the requirements of that Act. The responsibility is assigned to contracting officers to obtain these publications and a supply of forms. With reference to the Report of Awards required to be forwarded to the Department of Labor, see paragraph 7102.22e. 7109.02 Applicability of Labor Laws and Executive Orders a. General summary. The following tabulation indicates the applicability of various laws and Executive Orders to employees of construction and supply contractors in the United States, its territories, and foreign countries: 7109.02 CHANGE 4, 15 Apr 48 To Part I, Chapter VII from the act, who are engaged in interstate commerce or in the production of goods for interstate commerce. (Yes): Indicates some modifications of the law for the particular type of contract. In contracts for work in foreign countries exemption may be obtained from higher authority. (No): See the following paragraphs or JPR Section IX. Exemptions from Davis-Bacon and Copeland Acts.--The following types of contracts, except as indicated in (4) and (6), below, are exempt from the Davis-Bacon and Copeland ("Anti-Kickback") Acts and accordingly will not contain the standard contract provisions required by those laws: (1) Servicing and maintenance work generally see Title 29-a, Code of Federal Regulations, sec. 3.2.(a) except when prosecuted by a construction contractor as part of construction work. (2) Manufacturing and furnishing materials or supplies [see Title 29-A, Code of Federal Regulations sec. 3.2 (a) and servicing and maintenance work incident thereto, except when prosecuted by a construction contractor at the site of the construction work. (3) Furnishing equipment and operating personnel for work only incidental to public works (see 19 Comp. Gen. 467). (4) Construction, alteration or repair of railways or other facilities by railroad carriers and airline carriers engaged in interstate or foreign commerce, insofar as the contracts involve railways or other facilities and wage rates payable to employees of such carriers operating under collective bargaining agreements with such carriers made under the provisions of the Railway Labor Act, as amended, (45 U.S.C. 151-188) (Letter 14 March 1942 from the Secretary of Labor to the Secretary of War). For contract provision, see paragraph 7103.65p. (Exempt from Davis-Bacon only to extent outlined in contract provision. Copeland Act is applicable.) (5) Dismantling and demolition contracts where no construction or reerection is involved at the site of the work, and wreck removal. (6) Dredging where no other work is involved, such as shore work or rock blasting. (Only Copeland Act applicable.) (7) Cemetery removal where no new construction is involved. (8) Exploratory drilling where no construction is involved. |