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SCOW. For coal purchased under conditions which do not admit of railroad weights, settlement shall be based upon weights as determined by prevailing commercial practice.
9. Inspection. All coal will, in so far as practicable, be inspected at the point of delivery shown in the contract. If coal is bought at dealer's place of business or at mines, inspection will be completed at that point, provided that the quantity and rate of delivery of coal will warrant the Government in making inspection at the dealer's place of business or at mines, otherwise inspection will be made at destination, whether the coal is bought f. o. b. mines or destination. Coal shipped on Government bill of lading becomes Government property at the time and place of shipment, but subject to inspection as provided herein.
10. Additional security. Should the surety upon any bond that is furnished for the performance of this contract become unacceptable to the Government, the contractor must promptly furnish such additional security as may be required from time to time to protect the interests of the Government.
11. Officials not to benefit. 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 may arise therefrom, but this provision shall not be construed to extend to this contract if made with a corporation for its general benefit.
12. Covenant against contingent fees. 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.
13. Convict labor. The contractor shall not employ in the performance of this contract any person undergoing sentence of imprisonment at hard labor.
14. Unsatisfactory coal. If coal of three or more consecutive deliveries, or of deliveries aggregating 10 per cent or more of the contracted quantity, proves to be unsatisfactory in the use for which it may have been purchased, although all other conditions of the contract have been met by the contractor, the Government may, at its option:
(a) Decline to accept additional coal from the mine or mines named herein and authorize the contractor in writing to supply coal from other mines producing coal of a quality contemplated to meet the requirements of the contract, or
(b) Terminate the contract without liability to either party.
15. Payments. The contractor shall be paid upon the submission of properly certified invoices or vouchers at prices stipulated herein for coal delivered and accepted. Unless otherwise specified, payments will be made on deliveries accepted by the Government when the amount due on such deliveries so warrants: Provided, That when requested by the contractor payments for accepted partial deliveries shall be made whenever such payments would equal or exceed either $1,000 or 50 per cent of the total amount of the contract. When samples are taken, as provided in paragraph 16, 10 per cent of the amount due may be withheld pending the outcome of the analyses of the samples.
(The following paragraph shall apply only when purchases may be subject to analytical tests as will be set forth in the schedules.)
16. Sampling. All coal may be regularly and continuously sampled, or only part or parts thereof may be sampled, as the Government may elect, and in the latter event the analysis of a sample or samples shall be used as representing only the tonnage actually sampled. The collecting and preparing of samples shall be in accordance with Technical Paper No. 133 of the United States Bureau of Mines or any revision thereof. The contractor may be present at the taking of samples, but the Government shall be under no obligation to notify the contractor to be present. Samples shall be analyzed by the United States Bureau of Mines and the analysis shall be final and conclusive on the parties hereto. Coal not sampled and coal sampled and found by analysis not to show a percentage of ash 2 per cent or more in excess of the ash content specified by the contractor, shall be accepted and paid for at the contract price. If, however, the percentage of ash is shown by analysis to be 2 per cent or more in excess of the ash content specified by the contractor, the Government may, at its option:
(a) Exercise its right to reject the coal, and require that all or any part thereof shall be removed by and at the expense of the contractor promptly after notification of rejection; or
(b) Retain the coal, in which event a reduction in price shall be computed by multiplying the value of the coal (as determined by the contract price if it is purchased for delivery at destination, or otherwise as determined by the contract price plus freight charges by common carrier to destination) by the difference between the percentage of ash by analysis and the percentage of ash specified by the contractor. The resultant product computed to the nearest cent, shall then be deducted from the contract price.
Provided, however, That should the analyses of samples representing three or more deliveries, or of deliveries aggregating 10 per cent or more of the contracted quantity, show the coal to be in any way inferior to contract requirements, the Government may, at its option:
(a) Decline to accept additional coal from the mine or mines named herein and authorize the contractor in writing to supply coal from other mines producing coal of a quality contemplated to meet the limits specified by the contractor; or
(b) Decline to accept additional coal from the mine or mines named herein or subsequently authorized and purchase coal in the open market, in which event the contractor and his sureties shall be liable to the Government for any excess costs occasioned thereby.
(These purchase conditions are to be incorporated in the contract.) SUBPART C-SPECIAL STANDARD CONTRACT
PROVISIONS $ 4.31 Labor and material reports; construction contracts. Executive agencies not operating under arrangement with the Department of Labor to furnish such statistics directly to it shall request prospective contractors on Government construction work exceeding $2,000 to be performed in continental United States to agree to include in the contract the following labor and material report provision recommended by the Department of Labor:
The contractor will report monthly, and will cause all subcontractors to report in like manner, within five days after the close of each calendar month, on forms to be furnished by the Department of Labor, the number of persons on their respective pay rolls, the aggregate amount of such pay rolls, the man-hours worked, and the total expenditures for materials. He shall furnish to the Department of Labor the names and addresses of all subcontractors on the work at the earliest date practicable. The foregoing is applicable only to work at the site of the construction project.
ply and may not be disposed of outside the Government until clearance has been received from the Bureau of Federal Supply, except as otherwise authorized.
$ 5.2 General clearance. The following surplus materials, supplies and equipment, except narcotics not containing opium, located outside the District of Columbia need not be reported to the Bureau of Federal Supply and may be disposed of by holding Executive departments and establishments in accordance with law:
(b) Property dangerous to public health or safety;
(c) Property having an acquisition value of $500 or less and consisting of an item or group of identical items normally constituting a single line entry on the declaration form, but excluding typewriting machines and items of the type included in the national Stock Catalog of the Bureau of Federal Supply (8 3.2 of this chapter) or appearing in the Federal Supply Schedule ($ 2.7 of this chapter) or readily interchangeable with such items because serving the same purpose;
(d) Unserviceable property, including scrap and salvage, except typewriting machines.
§ 5.3 Special commodity clearances. The following surplus materials, supplies and equipment located outside the District of Columbia need not be reported to the Bureau of Federal Supply and may be disposed of by holding Executive departments and establishments in accordance with law after finding no need therefor by other Executive departments and establishments:
(b) Arms, ammunition and implements of war (as listed in the proclamation effective at the time under the Neutrality Act (sec. 12 (i), 54 Stat. 11, as amended; 22 U. S. C. 452 (1));
(c) Bedding, used;
(h) Medical supplies and equipment, except narcotics not containing opium;
Part 5–Surplus Personal
Property Sec. 5.1 Report and disposal. 5.2 General clearance. 5.3 Special commodity clearances.
AUTHORITY: $$ 5.1 to 5.3 issued under sec. 1, E. O. 6166, June 10, 1933; 5 U.S. C. 132 note.
SOURCE: $3 5.1 to 5.3 appear at 13 F. R. 8784.
$ 5.1 Report and disposal. Materials, supplies and equipment located outside the District of Columbia which are surplus to the needs of any Executive department or establishment and which have not been declared surplus to a disposal agency by July 1, 1948, shall be reported to the Bureau of Federal Sup
CHAPTER 1-DIVISION OF PUBLIC CONTRACTS
DEPARTMENT OF LABOR
Part 201 202 203 210
Note: Other regulations issued by the Department of Labor appear in Title 29.
mentality of the United States, or by the District of Columbia, or by any corporation all the stock of which is beneficially owned by the United States, for the manufacture or furnishing of materials, supplies, articles, and equipment, with respect to which invitations for bids are issued on or after September 28, 1936, the contracting officer shall cause to be inserted or incorporated by reference in such invitation or the specifications and in such contract, the following stipulations:
Part 201—General Regulations Sec. 201.1 Insertion of stipulations. 201.2 Statutory exemptions. 201.101 Manufacturer or regular dealer. 201.102 Employees affected. 201.103 Overtime. 201.104 Dealer as agent of undisclosed
principal. 201.105 Protection against unintentional
employment of underage minors, 201.201 Breach of stipulations. 201.501 Records of employment. 201.502 Records of injury frequency rates. 201.601 Requests for exceptions and ex
emptions. 201.602 Decisions concerning exceptions
and exemptions. 201.603 Administrative exemptions. 201.701 Definition of "person." 201.1101 Minimum wages. 201.1102 Tolerance for handicapped work
ers. 201.1201 Reports of contracts awarded. 201.1202 Complaints. 201.1203 Other contracts.
AUTHORITY: $8 201.1 to 201.1203 issued under sec, 4, 49 Stat. 2038; 41 U. S. C. 38. Interpret or apply sec. 6, 49 Stat. 2038, as amended; 41 U. S. C. 40.
$ 201.1 Insertion of stipulations. Except as hereinafter directed, in every contract made and entered into by an executive department, independent establishment, or other agency or instru
REPRESENTATIONS AND STIPULATIONS PURSUANT
TO PUBLIC LAW 846, 74TH CONGRESS (a) The contractor is the manufacturer of or a regular dealer in the materials, supplies, articles, or equipment to be manufactured or used in the performance of the contract.
(b) All persons employed by the contractor in the manufacture or furnishing of the materials, supplies, articles, or equipment used in the performance of the contract will be paid, without subsequent deduction or rebate on any account, not less than the minimum wages as determined by the Secretary of Labor to be the prevailing minimum wages for persons employed on similar work or in the particular or similar industries or groups of industries currently operating in the locality in which the materials, supplies, articles, or equipment are to be manufactured or furnished under the contract: Provided, however, That this stipulation 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.
(C) No person employed by the contractor in the manufacture or furnishing of the materials, supplies, articles, or equipment used in the performance of the contract shall be permitted to work in excess of 8 hours in any 1 day or in excess of 40 hours in any 1 week unless such person is paid such applicable overtime rate as has been set by the Secretary of Labor: Provided, however, That the provisions of this stipulation shall not apply to any employer who shall have entered into an agreement with his employees pursuant to the provisions of paragraphs 1 or 2 of subsection (b) of section 7 of an act entitled "The Fair Labor Standards Act of 1938”: Provided, further, That in the case of such an employer, during the life of the agreement referred to the applicable overtime rate set by the Secretary of Labor shall be paid for hours in excess of 12 in any 1 day or in excess of 56 in any 1 week and if such overtime is not paid, the employer shall be required to compensate his employees during that week at the applicable overtime rate set by the Secretary of Labor for hours in excess of 8 in any 1 day or in excess of 40 in any 1 week.
(d) No male person under 16 years of age and no female person under 18 years of age and no convict labor will be employed by the contractor in the manufacture or production or furnishing of any of the materials, supplies, articles, or equipment included in the contract.
(e) No part of the contract will be performed nor will any of the materials, supplies, articles, or equipment to be manufactured or furnished under said contract be manufactured or fabricated in any plants, factories, buildings, or surroundings or under working conditions which are insanitary or hazardous or dangerous to the health and safety of employees engaged in the performance of the contract. Compliance with the safety, sanitary, and factory inspection laws of the State in which the work or part thereof is to be performed shall be prima facie evidence of compliance with this paragraph.
(f) Any breach or violation of any of the foregoing representations and stipulations shall render the party responsible therefor liable to the United States of America for liquidated damages, in addition to damages for any other breach of the contract, in the sum of $10 per day for each male person under 16 years of age or each female person under 18 years of age, or each convict laborer knowingly employed in the performance of the contract, and a sum equal to the amount of any deductions, rebates, refunds, or underpayment of wages due to any employee engaged in the performance of the contract; and, in addition, the agency of the United States entering into the contract shall have the right to cancel same and to make openmarket purchases or enter into other contracts for the completion of the original contract, charging any additional cost to
the original contractor. Any sums of money due to the United States of America by reason of any violation of any of the representations and stipulations of the contract as set forth herein may be withheld from any amounts due on the contract or may be recovered in a suit brought in the name of the United States of America by the Attorney General thereof. All sums withheld or recovered as deductions, rebates, refunds, or underpayments of wages shall be held in a special deposit account and shall be paid, on order of the Secretary of Labor, directly to the employees who have been paid less than minimum rates of pay as set forth in such contracts and on whose account such sums were withheld or recovered: Provided, That no claims by employees for such payments shall be entertained unless made within 1 year from the date of actual notice to the contractor of the withholding or recovery of such sums by the United States of America.
(g) The contractor shall post a copy of the stipulations in a prominent and readily accessible place at the site of the contract work and shall keep such employment records as are required in the regulations under the act available for inspection by authorized representatives of the Secretary of Labor.
(h) The contractor is not a person who is ineligible to be awarded Government contracts by virtue of sanctions imposed pursuant to the provisions of section 3 of the act.
(1) No part of the contract shall be performed and none of the materials, articles, supplies or equipment manufactured or furnished under the contract shall be manufactured or furnished by any person found by the Secretary of Labor to be ineligible to be awarded Government contracts pursuant to section 3 of the act.
(1) The foregoing stipulations shall be deemed inoperative if this contract is for a definite amount not in excess of $10,000. (Regs. 504, 1 F. R. 1626, as amended at 11 F. R. 6238]
NOTE: The following modification with respect to $ 201.1 has been issued:
$ 201.1 was modified by permitting the award of contracts during the present war for the production of training films without the inclusion of the representations and stipulations of section 1 of the act, by Order, Secretary of Labor, Jan. 5, 1943; 8 F. R. 376.
$ 201.2 Statutory exemptions. Inclusion of the stipulations enumerated in $ 201.1 is not required in the following instances:
(a) Where the contracting officer is authorized by the express language of a statute to purchase “in the open market", or where a purchase of articles, supplies, materials or equipment, either in being or virtually so, is made without