5.1.4E REDELEGA TION OF AUTHORITY TO APPROVE & EXECUTE CONSTRUCTION CONTRACTS (Cont.) AMOUNT GOVERNING AUTHORITY TO AWARD LAWS- Construction (Through Award) CHAP. 5.1 CONTRACTING OFFICER'S DUTIES AND AUTHORITIES E. Change orders, extra work orders, or modifications of contracts shall be executed only by the contracting officer (or his successor or his duly authorized representative) who executed the basic contracts affected by such changes. F. The powers and authorities redelegated for the execution of construction contracts, including the approval and execution of change orders, extra work orders, etc., will not extend to any cost-plus-a-fixed-fee contract. G. When a Regional Director or the Chief Engineer receives an otherwise acceptable bid that is in excess of the limitation of his contracting authority, an abstract of the bids, a statement of all qualifications and stipulations made by the bidders, financial reports on the bidders, and any other pertinent data together with the recommendation of the contracting officer as to award shall be sent to the Commissioner, Washington, D. C., for consideration. If approved, the Commissioner will authorize the contracting officer to execute the contract in whatever amount may be involved. H. Otherwise acceptable bids received by contracting officers, other than the Chief Engineer or a Regional Director, which are in amounts in excess of their contracting authority, shall be forwarded to the appropriate higher administrative level for award or referral to the Commissioner, as may be necessary. .5 If the amount of a contract exceeds $200,000, but by the use of Government Bills of Lading for materials furnished by the contractor the net amount to be paid the contractor will be $200,000 or less, the award of the contract must be authorized by the Commissioner. The amount governing the prerogative to award a contract is the accepted bid price. GOVERNMENT .6 The following is a summary of the more important laws and executive orders CONTRACTS affecting Government contracts and their applicability: Eight-Hour Law Prevailing A. Act of June 19, 1912, 37 Stat. 137, 40 U.S.C. 321-326. This Act requires B. Construction (Through Award) CHAP. 5.1 CONTRACTING OFFICER'S DUTIES AND AUTHORITIES after such wage rate determinations have been received from the Labor Department. See Subparagraph 5.2.16B, "Rates of Wages," for procedures to follow in obtaining wage rate determinations. C. Act of June 13, 1934, c. 482, 48 Stat. 948, 40 U.S.C. 276b and c. This Act provides that whoever shall induce a person employed in the construction of any public building or work financed in whole or in part by United States funds, or loans or grants from the United States, to give up any part of the compensation to which he is entitled under the contract of employment by force, intimidation, threat of procuring dismissal from such employment, or by any other means whatsoever shall be fined not more than $5,000 or imprisoned not more than 5 years, or both. (See Paragraph 6.3.4 for additional information on the Copeland Act.) D. E. Act of February 23, 1887, c. 213, 24 Stat. 411 18 U.S.C. 708-709. This Act forbids the contracting-out of the labor of United States prisoners. Act of June 30, 1936, c. 881, 49 Stat. 2036, 41 U.S.C. 35-45. This Act requires that in any contract made and entered into by any executive department or other agency of the United States for the furnishing of materials, supplies, articles, and equipment in any amount exceeding $10,000 there shall be included the following representations and stipulations: (1) That the contractor is the manufacturer of or regular dealer in the materials, supplies, or equipment to be manufactured or used in the performance of the contract. (2) That all persons employed by the contractor for furnishing said materials, supplies, or equipment 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 wages for persons employed in similar work or in the particular or similar industries currently operating in the locality in which the materials, supplies, or equipment are to be manufactured or furnished under the contract. (3) That no person employed by the contractor on the contract shall be permitted to work in excess of 8 hours in any 1 one day or in excess of 40 hours in any one week, except that work in excess of 8 hours in any calendar day or 40 hours in any week may be performed provided that such time in excess of 8 hours in any calendar day or 40 hours in any week shall be paid for at not less than 1-1/2 times the basic hourly rate. (4) That no male person under 16 years of age and no female person under 18 years of age and no convict labor shall be employed by the contractor in the manufacture or production of any of the materials, supplies, or equipment included in such contract. (5) That no part of such contract will be performed in any plants or surroundings or under working conditions which are unsanitary or hazardous or dangerous to the health and safety of the employees engaged in the performance of the contract. 5.1.6C AntiKickback Law (Copeland Act) Under Section 6 of the Act the Secretary of Labor may grant exceptions F. Act of August 24, 1935, 49 Stat, 793, 40 U.S.C, 270a. This Act requires Convict Labor Law Public Contracts Act (WalshHealey Act) 5.1.6G Domestic Preference Member of AntiDiscrimination Clause Construction (Through Award) CHAP. 5.1 CONTRACTING OFFICER'S DUTIES AND AUTHORITIES G. Act of March 3, 1933, 47 Stat. 1520, 41 U.S.C. 10a and b. This Act requires H. R.S. 3741, 2 Stat. 484, 41 U.S.C. 22. This act provides that in every |