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§ 11.501-3 Cutting oil certificate.

The following form of certificate shall be used by the purchaser of cutting oil, in accordance with § 11.102-4(c).

CUTTING OIL CERTIFICATE (For use by purchaser of lubricating oll sub

ject to tax under section 4091 of the Internal Revenue Code of 1954, for use by purchaser in cutting and machining operations on metals)

----- 19 -Contract: Contract Period: Contractor: Product: End Use:

The undersigned certifies that he is an authorized agent of the United States of America and that the oil covered by the contract identified above is purchased for the use indicated as a lubricant in cutting and machining operations on metals.

The undersigned understands that the purchaser must be prepared to establish by satisfactory evidence the actual use or disposition made of such oil, and that upon its use of the oil for a lubricating purpose other than in cutting and machining operations on metals, or upon its sale or other disposition of the oil, it is required to notify the manufacturer.

The fraudulent use of this certificate for the purpose of purchasing oil tax free, rather than subject to tax at the rate of 6 cents a gallon, will subject the guilty party to a fine of not more than $10,000 or imprisonment for not more than five (5) years, or both, together with the costs of prosecution.

(c) Shipping documents indicating that shipments are in interstate or foreign commerce;

(d) A State or local form indicating that supplies or services are for the exclusive use of the United States; or

(e) Any other State or locally required form, certificate, or document to establish general or specific exemption. $11.502–2 When evidence of exemp

tion is to be furnished. (a) Unless there does not exist any reasonable basis to sustain a claimed exemption, a contractor or vendor will be furnished evidence of exemption under a:

(1) Contract which contains the clause prescribed in either $ 11.401-1 or $ 11.401-2 in accordance with the terms of those clauses;

(2) Cost-reimbursement type contract at the request of the contractor or at the discretion of the contracting oficer; or

(3) Contract or purchase order which contains no provision regarding taxes, at the request of the contractor or at the discretion of the contracting officer, if the contractor warrants that the contract price does not include the tax, or if he consents to a reduction in the contract price if the evidence of exemption is accepted by the taxing jurisdiction.

(b) In case of disagreement as to whether there exists a reasonable basis upon which to sustain exemption of any transaction, the matter should be resolved in accordance with $ 11.000.



(Address) [31 F.R. 13336, Oct. 14, 1966) § 11.502 State and local taxes. $ 11.502–1 Types of evidence of exemp

tion Evidence appropriate to establish exemption or immunity from State or local taxes will vary depending upon the grounds of exemption or immunity claimed, the parties to the transaction, and the requirements of the taxing jurisdiction. Such evidence includes but is not limited to the following:

(a) U.S. Government Tax Exemption Certificate (Standard Form 1094);

(b) A copy of the contract or a portion thereof;

PART 12--LABOR Sec. 12.000 Scope of part.

Subpart A- Basic Labor Policies 12.101 Labor relations. 12.101-1 General. 12.101-2 Contract pricing and administra

tion. 12.101-3 Reporting of labor disputes. 12.101-4 Impact of labor disputes on de

fense programs. 12.101-5 Movement and removal of items

from facilities affected by work

stoppage. 12.101-6 Procurement of stevedoring serv

ices during labor disputes. 12.102 Overtime. 12.102–1 Definitions. 12.102-2 Policy. 12.102–3 Approval of overtime premiums, 12.1024 Approval of overtime premiums in

certain cost-reimbursement type contracts.

[blocks in formation]

Sec. 12.102–5 Contract administration. 12.102–6 Payment of overtime premiums

clause. 12.102–7 Construction contracts. 12.103 Federal and State labor require

ments. 12.103–1 General. 12.103—2 Applications for relaxation of re

quirements. 12.104 Meeting manpower requirements. 12.106 Supply, services, or maintenance

contracts involving construction

work. 12.106-1 When construction labor standards

and clauses are applicable. 12.106—2 When construction labor standards

and clauses are not applicable. 12.107 Labor standards enforcement re


Subpart B-Convict Labor 12.201 Basic requirement. 12.202 Applicability, 12.203 Contract clause. Subpart — Work Hours Act of 1962 (Other Than

Construction Contracts) 12.300 Scope of subpart. 12.301 Statutory requirement. 12.302 Applicability. 12.303 Contract clause. 12.304 Computation of overtime and

liquidated damages. 12.305 Administration and enforcement. 12.306 Variations and tolerances. 12.307 Labor standards enforcement re

port. Subpart D-Labor Standards in Construction

Contracts Subpart E-U.S. Department of Labor Safety and

Health Regulations for Ship Repairing and

Shipbuilding 12.501 Safety and health regulations. 12.502 Applicability. 12.503 Contract clause. 12.504 Administration and enforcement. Subpart F—Walsh-Healey Public Contracts Act 12.601 Statutory requirement. 12.602 Applicability. 12.602-1 General. 12.602-2 Exemptions. 12.602–3 Department of Labor regulations

and interpretations. 12.603 Determinations of eligibility 2.8

manufacturer or regular dealer. 12.603-1 Manufacturer. 12.603–2 Regular dealer. 12.603-3 Coal dealers. 12.603-4 Agents. 12.604 Eligibility of a bidder or offeror. 12.605 Contract clause. 12.606 Procedure for obtaining exemp

tions with respect to stipulations required by the Act.

Subpart Gm Fair Labor Standards Act of 1938 12.701 Basic statute. 12.702 Suits against Government contrac

tors. 12.703 Rulings on applicability or inter

pretation. Subpart H-Equal Employment Opportunity 12.800 Scope of Subpart. 12.801 Policy. 12.802 Definitions. 12.803 Administration. 12.804 Equal opportunity clause. 12.805 Exemptions. 12.806 Equal opportunity solicitation pro

visions. 12.807 Affirmative action programs. 12.807-1 General. 12.807-2 Contracts other than construction

contracts. 12.807-3 Construction contracts. 12.808 Compliance reviews and preaward

clearances. 12.808-1 General. 12.808-2 Contracting officers' responsibility

for requesting preaward clear

ance. 12.808–3 CCO responsibility for preaward

compliance actions. 12.809 Filing complaints 12.810 Processing complaints. 12.811 Resolution of complaints and vio

tions. 12.812 Reports and other required infor

mation, 12.813

Enforcement procedures. 12.813-1 Informal enforcement procedures. 12.813-2 Formal enforcement procedures. 12.814 Sanctions and penalties. Subpart 1-Nondiscrimination Because of Age 12.901 Policy regarding nondiscrimina.

tion because of age. Subpart J-Service Contracts Act of 1965 12.1001 Statutory requirements. 12.1002 Applicability. 12.1002-1 General. 12.1002-2 Geographical coverage of the Act. 12.1002-3 Service employee. 12.1003 Department of Labor regulations, 12.1004 Contract clauses. 12.1005 Administration and enforcement, 12.1005-1 Responsibilities of Department

of Labor. 12.1005–2 Notice of intention to make a

service contract. 12.1005–3 Contract minimum wage deter

minations and fringe benefit specification.

Sec. 12.10054 Additional classifications (con

formable rates). 12.1005–5 Notice of award. 12.1005-6 Department of Labor Form SC-1. 12.1005–7 Inquiries concerning the Act. 12.10058 Contract modifications. 12.1005–9 Withholding of contract pay

ments and contract termina

tion. 12.1005–10 Cooperation with the Depart

ment of Labor. 12.1005-11 Role of the Comptroller General. 12.1006 Labor Standards Enforcement

Report. AUTHORITY: The provisions of this Part 12 issued under R.S. 161, secs. 2202, 2301-2314, 70 Stat. 120, 127–133; 5 U.S.C. 301, 10 U.S.C. 2202, 2301-2314. $ 12.000 Scope of part.

This part (a) deals with general policies regarding labor, so far as they relate to procurements; (b) sets forth certain pertinent labor laws and requirements, indicating in connection with each its applicability and any procedures thereunder; and (c) prescribes the contract clauses with respect to each labor law or requirement. Labor standards and clauses which are applicable only to construction contracts are treated separately in Subpart G, Part 18 of this chapter. (32 F.R. 538, Jan. 18, 1967)

Subpart A—Basic Labor Policies 8 12.101 Labor relations. (27 F.R. 3453, Apr. 11, 1962] § 12.101-1 General.

(a) Military procurement depends on industry and labor for uninterrupted performance of contracts to meet defense objectives. Each Military Department must establish and maintain sound work, ing relationships with industry and labor to assure prompt receipt of information involving labor relations matters which may affect adversely military procurement and to assure that procurement actions are carried on without delay and at reasonable costs to the Government.

(b) All problems arising out of the labor relations of contractors and all communications with labor organizations or Federal agencies relative thereto shall be handled in accordance with the procedures prescribed in this part. Industrial security matters concerning contractor employees are governed by the Armed Forces Industrial Security

Regulation (AR 380–130, OPNAV Instructions 5540.8C, AFR 205-4).

(C) No Department shall take any independent action which would have the effect of establishing major policy with respect to labor relations matters. Approval of the Office of the Assistant Secretary of Defense (Installations and Logistics) will be obtained on major policies relating to potential and actual work stoppage matters. Recommendations for plant seizure, injunctive action or resolution of interservice disagreements would be examples of actions establishing major policy relating to work stoppage matters. Approval of the Office of the Assistant Secretary of Defense (I&L) will be obtained also on major policies relating to all other labor relations matters.

(d) Heads of procuring activities or subordinate commands or their representatives shall obtain authorization from the responsible Departmental headquarters office prior to initiating any contact on labor relations matters with a national office of any labor organization, Government department, agency or other govermental organization and shall promptly notify such headquarters office of each contact by the national office of any of these organizations.

(e) Military Departments shall remain impartial in, and refrain from taking a position on the merits of, any labor dispute, and shall refrain from the conciliation, mediation or arbitration of any such dispute. They shall, however, act to avoid or minimize the impact of labor disputes on important procurement by assuring, to the extent practicable, that the parties to the dispute utilize all available methods for resolving the dispute, including the services of the National Labor Relations Board, Federal Mediation and Conciliation Service, National Mediation Board and other appropriate Federal, state, local, or private agencies.

(f) Each Department shall take other action in connection with labor relations problems which is consistent with its procurement responsibilities, as for example:

(1) Giving notice of the existence of a labor dispute, which affects, or threatens to affect, procurement of supplies or services to the Government agency which has responsibility for conciliation, mediation, arbitration, or other action with respect thereto;

(2) Advising the Government agency unreasonable costs to the Government. responsible for action with respect to Part 15 of this subchapter particularly labor disputes, or the parties to a labor $ 15.205-6(a) explains that the term “un. dispute, of factual information pertain reasonable costs" includes costs resulting ing to procurement of the supplies or from practices that are discriminatory services involved, to the extent consist- against the Government or unwarranted ent with security regulations; or

in the context of the particular contract (3) Advising the National Office of the work. Federal Mediation and Conciliation (c) In some cases, labor disputes may Service or other appropriate mediation give rise to work stoppages which cause agency of the proposed award of a new delays in the timely performance of imcontract, or the increase in quantities or portant contracts. The contracting officer scope of work under existing contract, should impress on the contractor that totaling $5 million or more to be per he will be held accountable for delays formed at a facility involved in an ac that are reasonably avoidable. It should tual or imminent work stoppage. The be emphasized that the standard conHeadquarters, Labor Relations Office of tract clauses dealing with default, exthe Department concerned, will monitor cusable delays, etc., do not relieve the information concerning proposed con contractor for delays that are within his tract awards by using standard Depart or his subcontractors' control, such as mental reports of prior notification of may be the case with delays precipitated contract awards. The reports will be used by an unfair labor practice of the conto initiate consultation with the National tractor. In addition, a delay caused by a Office of the Federal Mediation and Con strike which the contractor could not ciliation Service or other appropriate reasonably prevent can be excused only mediation agency. After such consulta to the extent that it does not go beyond tion, a determination will be made the point at which a reasonably diligent whether the announcement of the con contractor could resume the delayed tract award would have a detrimental performance by ending the strike by such effect on labor-management negotia means as: Contractor could resume the tions. If no mediation agency is involved delayed performance by ending the strike in the labor-management negotiations, by such means as: the Labor Relations Office at Depart (1) Filing a charge with the National mental level will provide advice in the Labor Relations Board so as to permit the above determination; or

NLRB to seek injunctive relief in court; (4) Seeking to obtain such voluntary (2) Recourse to the procedures of the agreement between management and Federal Mediation and Conciliation Servlabor as will permit, notwithstanding the

ice, or other available Government progeneral continuance of the dispute, un cedures; or interrupted procurement of military

(3) Use of the National Joint Board supplies and services, provided such

for the Settlement of Jurisdictional Disactivity does not involve the Department putes, or other private Boards or orgain the merits of a labor difference or

nizations for the settlement of disputes dispute.

(d) The normal and regular functions 130 F.R. 6003, Apr. 29, 1965, as amended at

of inspection at the plant of a military 35 F.R. 6834, Apr. 30, 1970)

supplier, as required during the perform

ance of a contract, shall be continued $ 12.101–2 Contract pricing and admin

without regard to the existence at such istration.

plant of a labor dispute, strike, or picket (a) Nothing in § 12.101-1 should be line. Inspection should not be performed construed to relieve a contracting officer if there is reason to believe that the from his responsibility to achieve effi physical safety of the individual inspeccient contract pricing and administra tor may be endangered thereby. It is tion.

emphasized that inspection personnel in (b) Contractor labor policies and com the discharge of their duties, consistent pensation practices, whether or not they

with the policy of § 12.101-1(e), shal: are provided for in labor-management

refrain from taking or expressing a posiagreements, are not an acceptable basis

tion upon the merits of any dispute befor allowance of cost in cost-reimburse

tween labor and private management. ment-type contracts or for recognition of

127 F.R. 3453, Apr. 11, 1962, as amended at costs in pricing fixed-price-type con

30 F.R. 6004, Apr. 29, 1965; 33 F.R. 19923, tracts if and insofar as they result in Dec. 28, 1968]

$ 12.101-3 Reporting of labor disputes. When strikes affect AFLC programs, con

tracts, or activities, a copy of the report (a) The responsible military com

shall be sent directly to the AFLC buying mander or contracting officer or the rep

activity. No copies shall be sent to Headresentative of either shall obtain and

quarters AFLC unless specifically retransmit information relating to poten

quested.) An information copy of initial tial or actual labor disputes which may

and weekly reports shall be sent to Headinterfere with performance of any con

quarters, AFSC (SCKML), Andrews Air tract within his cognizance.

Force Base, Washington, D.C. 20331. (b) Whenever it is determined that

Consolidated weekly reports shall be subsuch an interference is likely to occur,

mitted by AFSC to Headquarters USAF he shall notify all offices listed below for

(AFSPPDA). Initial and subsequent rethe affected Department, except as pro

ports containing all the information imvided in paragraph (d) of this section:

mediately available shall be submitted (1) Reports involving Army contracts.

promptly after a work stoppage occurs. Reports shall be submitted to the Head

(4) Reports involving Defense Supply of the Procuring Activity concerned

Agency contracts. Reports shall be subwith information copies to intermedi

mitted to the head of the procuring ate procurement offices. Simultaneous

activity concerned. Only those disputes, ly, copies of each report shall be sent

stoppages, or threatened stoppages directly to the Assistant Secretary of the

which, in the opinion of the head of the Army (Installations and Logistics),

procuring activity, are of sufficient im. ATTN: Labor Advisor, and to ODCSLOG,

portance to warrant attention of higher ATTN: Chief, PEMA Execution Division.

authority shall be reported, in duplicate, (2) Reports involving Navy contracts.

to the labor advisor, Defense Supply Reports shall be submitted simultane

Agency, as prescribed in § 12.101-4. ously to the Chief of Naval Material,

(c) Labor disputes should be reported Attention: Labor Relations Advisor

on DD Form 1507, Work Stoppage Re(MAT 02L); Head of the Procuring

port. An initial report should be subActivity concerned; cognizant contract

mitted when a work stoppage due to a ing officers; inspection offices concerned;

labor dispute is imminent or when such status control activities; and the Deputy Commander for Transportation

work stoppage occurs and thereafter (NAVSUP 05), Naval Supply Systems

when a significant change occurs in the

dispute situation. Command, when contracts involve (i)

(d) In cases where the responsible packing, crating, and drayage of household goods: and (ii) stevedoring services individual originating the report is outat naval activities.

side the Military Department which (3) Reports involving Air Force con placed the contract, he shall give notice tracts. The responsible military com to the procuring office (which shall procmander, the contracting officer, or the ess the notice in accordance with (b) representative of either, shall submit re

above) and to the appropriate Departports as follows:

mental headquarters labor relations office (i) Reports relating to any missile or

(for the Army, the Labor Advisor, OASA test site or other high priority Air Force

(I&L); for the Navy, Chief of Naval program as designated by Hq USAF or

Material, Attention: Labor Relations Hq AFSC shall be submitted daily by

Advisor; for the Air Force, Headquarters electrical transmission to Hq AFSC USAF, AFSPPDA; for Defense Supply (SCKML) with copies to SAMSO

Agency, Labor Advisor, DSA). (SMKIP-1), Norton Air Force Base,

(e) Reports shall be made to the Office Calif. 92409; SAMSO and AFCMD both of the Secretary of Defense: located at Air Force Unit Post Office, Los (1) Individual cases. In any case Angeles, Calif. 30045; Hq SAC (DM6B), where a Military Department determines Offutt Air Force Base, Omaha, Nebr. that a labor dispute significantly affects, 68113; and Hq USAF (AFSPPDA), or threatens to affect, an important proWashington, D.C. 20330.

curement, the Department concerned (ii) Reports of disputes not directly shall notify the Director, Production affecting missile or test sites or other Services, OASD (Installations and Logishigh-priority programs shall be sub- tics), by furnishing an information copy mitted when the dispute arises and of DD Form 1507. weekly thereafter to the major air com (2) Weekly reports. A weekly report mand responsible for the program, con- shall be made by each Military Departtract, or activity affected. (Exception: ment to the Director, Production Sery

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