race, creed, color, or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion or transfer: recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by USDA setting forth the provisions of this nondiscrimination clause. (2) Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin. (3) Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by USDA, advising the said labor union or workers' representative of Contractor's committments under this Article, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) Contractor will comply with all provisions of Executive Order No. 10925 of March 6, 1961, and of the rules, regulations, and relevant orders of the President's Committee on Equal Employment Opportunity created thereby. (5) Contractor will furnish all information and reports required by Executive Order No. 10925 of March 6, 1961, and by the rules, regulations, and orders of the said Committee, or pursuant thereto, and will permit access to his books, records, and accounts by USDA and the Committee for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of Contractor's noncompliance with the nondiscrimination clause of the contract or with any of the said rules, regulations, or orders, the contract may be cancelled in whole or in part and Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 10925 of March 6, 1961, and such other sanctions may be imposed and remedies invoked as provided in the said Executive Order or by rule, regulation, or order of the President's Committee on Equal Employment Opportunity, or as otherwise provided by law. (7) Contractor will include the provisions of the foregoing paragraphs (1) through (6) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the President's Committee on Equal Employment Opportunity issued pursuant to section 303 of Executive Order No. 10925 of March 6, 1961, so that such provisions will be binding upon each subcontractor or vendor. Contractor will take such action with respect to any subcontract or purchase order as USDA may direct as a means of enforcing such provisions, including sanctions for noncompliance; Provided, however, That in the event Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by USDA, Contractor may request the United States to enter in to such litigation to protect the interests of the United States. (b) It will be the responsibility of Contractor to estimate his requirements for notices he is to post pursuant to this contract provision and to make requests of USDA for copies thereof. (c) Contracts, subcontracts and purchase orders not exceeding $100,000 for standard commercial supplies or raw materials are exempt from the requirements of this Article, except that the Executive Vice-Chairman of the President's Committee on Equal Employment Opportunity may from time to time by order provide that specified articles or raw materials shall be subject to the Executive Order and rules and regulations promulgated pursuant thereto, when he finds that the inclusion thereof is necessary or appropriate to achieve the purposes of the Order. ARTICLE 42. CONVICT LABOR Contractor, in the performance of the contract, shall not employ any person undergoing sentence of imprisonment at hard labor. ARTICLE 43. DISPUTES (a) Except as may otherwise be provided in the contract. any dispute concerning a question of fact arising out of the contract which is not disposed of by agreement shall be decided by the contracting officer, who shall reduce his decision to writing and mail or otherwise furnish a copy thereof to Contractor. The decision of the contracting officer shall be final and conclusive unless within 30 days from the date of receipt of such copy, Contractor mails or otherwise furnishes a written appeal addressed to the Administrator, AMS, USDA, Washington 25, D.C. The decision of the Administrator shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal proceeding under this clause, Contractor shall be afforded an opportunity to be heard and to offer evidence in support of his appeal. Pending final decision of a dispute hereunder, if performance under the contract has not been completed by Contractor or terminated by USDA, Contractor shall proceed diligently with the performance of the contract and in accordance with the contracting officer's decision. (b) This "Disputes" clause does not preclude consideration of questions of law in connection with decisions provided for in paragraph (a) of this Article; Provided, That nothing in the contract shall be construed as making final the decision of any administrative official, or representative, on a question of law. ARTICLE 44. OFFICIALS NOT TO BENEFIT No member of or delegate to Congress, or Resident Commissioner, shall be admitted to any share or part of the contract or to any benefit that may arise therefrom, but this provision shall not be construed to extend to the contract if made with a corporation for its general benefit, and shall not extend to any benefits that may accrue from the contract to a member of or delegate to Congress or a Resident Commissioner in his capacity as a farmer. ARTICLE 45. AUDIT OF RECORDS If under the contract, any part of the purchase price is to be determined from Contractor's costs or if the contract provides for reimbursement of any payments made or costs incurred by Contractor, Contractor shall keep complete and accurate records and accounts showing the details of all income and expenses incident to or derived from the performance of the contract. Such records shall be retained by Contractor for 3 years after date of last payment made under the contract or for 2 years after date of audit of records by USDA as provided herein, whichever is the later. Contractor shall, in all such cases, permit authorized representatives of USDA and the General Accounting Office at any reasonable time to have access to his premises to inspect, examine, audit, and make copies of Contractor's books, records, accounts, and other written data. ARTICLE 46. DESCRIPTIVE HEADINGS The descriptive headings of the various contract terms and conditions were formulated for convenience only and are not intended to affect the construction or meaning of any of the provisions of the contract. PURCHASE OF FROZEN CONCENTRATED ORANGE JUICE Authority: "Section 32 Purchase and Donation of Frozen Concentrated Orange Juice, DMP 135a." Announcement: FV-321, dated October 26, 1962, as amended November 1, 1962. Closing time and date: 9 a.m., e.s.t., November 8, 1962. Award time and date: Not later than midnight, e.s.t., November 14, 1962. Maximum quantity and price: As determined by the Director, Fruit and Vegetable Division, and the Director, Food Distribution Division, pursuant to delegation of authority No. AMS-Sa-144, dated October 15, 1962. OFFERS RECEIVED Fifteen offers were received, consisting of 45 lots, which are summarized on the attached list. The total quantity offered amounted to 1,287,242 cases of twelve 32-ounce cans, equivalent to 3,861,726 gallons of frozen concentrated orange juice. One additional offer, not included in the summary, was received race, creed, color, or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion or transfer: recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by USDA setting forth the provisions of this nondiscrimination clause. (2) Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin. (3) Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by USDA, advising the said labor union or workers' representative of Contractor's committments under this Article, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) Contractor will comply with all provisions of Executive Order No. 10925 of March 6, 1961, and of the rules, regulations, and relevant orders of the President's Committee on Equal Employment Opportunity created thereby. (5) Contractor will furnish all information and reports required by Executive Order No. 10925 of March 6, 1961, and by the rules, regulations, and orders of the said Committee, or pursuant thereto, and will permit access to his books, records, and accounts by USDA and the Committee for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of Contractor's noncompliance with the nondiscrimination clause of the contract or with any of the said rules, regulations, or orders, the contract may be cancelled in whole or in part and Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 10925 of March 6, 1961, and such other sanctions may be imposed and remedies invoked as provided in the said Executive Order or by rule, regulation, or order of the President's Committee on Equal Employment Opportunity, or as otherwise provided by law. (7) Contractor will include the provisions of the foregoing paragraphs (1) through (6) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the President's Committee on Equal Employment Opportunity issued pursuant to section 303 of Executive Order No. 10925 of March 6, 1961, so that such provisions will be binding upon each subcontractor or vendor. Contractor will take such action with respect to any subcontract or purchase order as USDA may direct as a means of enforcing such provisions, including sanctions for noncompliance; Provided. however, That in the event Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by USDA, Contractor may request the United States to enter in to such litigation to protect the interests of the United States. (b) It will be the responsibility of Contractor to estimate his requirements for notices he is to post pursuant to this contract provision and to make requests of USDA for copies thereof. (c) Contracts, subcontracts and purchase orders not exceeding $100,000 for standard commercial supplies or raw materials are exempt from the requirements of this Article, except that the Executive Vice-Chairman of the President's Committee on Equal Employment Opportunity may from time to time by order provide that specified articles or raw materials shall be subject to the Executive Order and rules and regulations promulgated pursuant thereto, when he finds that the inclusion thereof is necessary or appropriate to achieve the purposes of the Order. ARTICLE 42. CONVICT LABOR Contractor, in the performance of the contract, shall not employ any person undergoing sentence of imprisonment at hard labor. ARTICLE 43. DISPUTES (a) Except as may otherwise be provided in the contract, any dispute concerning a question of fact arising out of the contract which is not disposed of by agreement shall be decided by the contracting officer, who shall reduce his decision to writing and mail or otherwise furnish a copy thereof to Contractor. The decision of the contracting officer shall be final and conclusive unless within 30 days from the date of receipt of such copy, Contractor mails or otherwise furnishes a written appeal addressed to the Administrator, AMS, USDA, Washington 25, D.C. The decision of the Administrator shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal proceeding under this clause, Contractor shall be afforded an opportunity to be heard and to offer evidence in support of his appeal. Pending final decision of a dispute hereunder, if performance under the contract has not been completed by Contractor or terminated by USDA, Contractor shall proceed diligently with the performance of the contract and in accordance with the contracting officer's decision. (b) This "Disputes" clause does not preclude consideration of questions of law in connection with decisions provided for in paragraph (a) of this Article; Provided, That nothing in the contract shall be construed as making final the decision of any administrative official, or representative, on a question of law. ARTICLE 44. OFFICIALS NOT TO BENEFIT No member of or delegate to Congress, or Resident Commissioner, shall be admitted to any share or part of the contract or to any benefit that may arise therefrom, but this provision shall not be construed to extend to the contract if made with a corporation for its general benefit, and shall not extend to any benefits that may accrue from the contract to a member of or delegate to Congress or a Resident Commissioner in his capacity as a farmer. ARTICLE 45. AUDIT OF RECORDS If under the contract, any part of the purchase price is to be determined from Contractor's costs or if the contract provides for reimbursement of any payments made or costs incurred by Contractor, Contractor shall keep complete and accurate records and accounts showing the details of all income and expenses incident to or derived from the performance of the contract. Such records shall be retained by Contractor for 3 years after date of last payment made under the contract or for 2 years after date of audit of records by USDA as provided herein, whichever is the later. Contractor shall, in all such cases, permit authorized representatives of USDA and the General Accounting Office at any reasonable time to have access to his premises to inspect, examine, audit, and make copies of Contractor's books, records, accounts, and other written data. ARTICLE 46. DESCRIPTIVE HEADINGS The descriptive headings of the various contract terms and conditions were formulated for convenience only and are not intended to affect the construction or meaning of any of the provisions of the contract. PURCHASE OF FROZEN CONCENTRATED ORANGE JUICE Authority: "Section 32 Purchase and Donation of Frozen Concentrated Orange Juice, DMP 135a." Announcement: FV-321, dated October 26, 1962, as amended November 1, 1962. Closing time and date: 9 a.m., e.s.t., November 8, 1962. Award time and date: Not later than midnight, e.s.t., November 14, 1962. Maximum quantity and price: As determined by the Director, Fruit and Vegetable Division, and the Director, Food Distribution Division, pursuant to delegation of authority No. AMS-Sa-144, dated October 15, 1962. OFFERS RECEIVED Fifteen offers were received, consisting of 45 lots, which are summarized on the attached list. The total quantity offered amounted to 1,287,242 cases of twelve 32-ounce cans, equivalent to 3,861,726 gallons of frozen concentrated orange juice. One additional offer, not included in the summary, was received late as it was not filed with the telegraph office at Eustis, Fla., until 2:18 p.m., e.s.t., November 8, which is after the closing time of 9 a.m., e.s.t., for the receipt of offers, as shown above. MARKET PRICE The commercial market for frozen orange concentrate is currently reported at $5.40 per case (twelve 32-ounce cans), f.o.b. cannery. This price has prevailed for the past 6 weeks and represents a reduction of $0.95 from the previous level of $6.35. It is estimated that the current market price would reflect a net return to growers of approximately $1.33 per box or 56 percent of the equivalent on-tree parity price for Florida oranges used for frozen orange concentrate ($2.39 per box). PURCHASE RECOMMENDATION It is recommended and determined that the purchase of 383,485 cases of twelve 32-ounce cans, equivalent to 1,150,455 gallons, of frozen concentrated orange juice be made. These purchases will consist of lots Nos. 1 through 10, and 97,665 cases from lot No. 11, on the attached listing. The prices at which these recommended purchases will be made are well below commercial market prices and well within the docket price limitation. The purchases of orange concentrate, all to be shipped from Florida processing plants, are summarized as follows: Estimate transportation, protection services, and related costs Estimated total delivered cost (average approximately 1 Net f.o.b. price range: per case, $4.43 to $4.765; per gallon, $1.477 to $1.588. 1,769, 915. 65 230, 084. 35 $2, 000, 000. 00 |