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tive" shall mean any person authorized to act for him other than the contracting officer. (c) “Contracting Officer" shall mean the official executing this contract in behalf of the Government, and shall include his duly appointed successor or authorized representative.
13. Patents. Contractor shall hold and save the Government, its officers. agents, servants, and employees harmless from liability of any nature or kind. including costs and expenses for or on account of any patented or unpatented invention, article, device or appliance manufactured or used in performance of this contract, including their use or disposal by or for the Government.
(The following conditions, 14 through 17, shall not apply to any work or seryices performed under the contract outside the l'nited States of America, nor shall they apply outside the United States of America in connection with the producing, processing, manufacturing, or acquisition of any articles to be delivered under the contract. )
14. Antidiscrimination.—Contractor in performing the work required by this contract shall not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. Contractor shall include in all subcontracts a provision imposing a like obligation on subcontractors.
13. Walsh-Healey Public Contracts Act.-If this contract is for the manufacture or furnishing of materials, supplies, articles, or equipment in any amount which may exceed $10,000, and otherwise is subject to Walsh-Healey Public Contracts Act, as amended (Public Law 846, 74th Congress ; 41 U. S. C. 355), there are herehy incorporated by reference representations and stipulations as set forth in regulations issued by Secretary of Labor pursuant to said Act, such representations and stipulations being subject to all applicable regulations, exceptions, variations, tolerances, determinations and exemptions of Secretary of Labor which are now or may hereafter be in effect.
16. Eight-hour Tair-conrict labor.-If contract is for services, the following conditions apply: (a) No laborer or mechanic doing any part of the work contemplated by this contract, in the employ of contractor or any subcontractor contracting for any part of said work, shall be required or permitted to work more than eight hours in any one calendar day upon such work at the site thereof, except upon the condition that compensation is paid to such laborer or mechanic in accordance with the provisions of this article. The wages of every laborer or mechanic employed by contractor or any subcontractor engaged in the performance of this contract shall be computed on a basic day rate of eight hours jier day and work in excess of eight hours per day is permitted only upon the condition that erery such laborer or mechanic shall be compensated for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. For each violation of requirements of this article, a penalty of $.) shall be imposed upon contractor for each laborer or mechanic for e ery calendar dar which such employee is required or permitted to labor more than eight hours upon said work without receiving compensation computed in accordance with this article, and all penalties thus imposed shall be withheld for the use and benefit of the Government: Prorided, That this stipulation shall be subject in all respect to the exceptions and provisions of the United States Code, title 10, sections 321, 324, 325, 32.5(a), and 326, relating to hours of labor and compensation for overtime.
(b) In the performance of this contract, contractor shall not employ any person undergoing sentence of imprisonment at hard labor.
17. Offers of former Gorernment proverty.—The Government desires to know if it is buying former Government surplus property. Therefore, contractor warwants, to the best of his knowledge, information, and belief. that, except as otherwise expressly stated in the offer, none of the items or their components covered by the offer have been or will be acquired either directly or indirectly from any activity or agency of the United States Government or from any Gorernment-owned corporation. Breach of this warranty shall give the Government the right to terminate the right of the contractor to proceed with any or all further deliveries under the contract.
GENERAL CONDITIONS FOR SPECIAL PROGRAM CONTRACTS
Revised, November 24, 19.30
1. Application.— These General Conditions are applicable to contracts for the furnishing of materials, supplies and equipment, including accessories, components, spare parts, etc. Where there is a conflict between the stipulations set forth in these general conditions and specific conditions set forth in the contract, those of the contract shall govern.
2. General specifications.-All equipment or supplies furnished under this contract shall comply with the requirements of the specifications set forth in the contract and shall be of Manufacturer's most modern design, equivalent in all respects to products supplied elsewhere. Spare parts (if furnished), shall be identical to original parts. Points not adequately described by the contracts' specifications shall be in accordance with the best commercial practice. Castings, if furnished, shall be sound, true to patterns, and free from injurious defects, such as warps, twists, and blowholes,
3. Guaranty.- The Contractor guarantees that at the time of delivery thereof, the articles provided under this contract will be free from any defects in material or workmanship and will conform to the requirements of this contract. Notice of any such defect or nonconformance shall be given by the Government to the Contractor within one year of the delivery of the defective or nonconforming article to the Government. If required by the Government within a reasonable time after such notice, the contractor shall, with all possible speed, replace or refurnish the defective or nonconforming article or part thereof and make delivery of such replacing or refurnishing articles or part thereof F. A. S. any continental port of the U. S. A. designated by the owner(s) of the defective or nonconforming article or part thereof, all at the expense of the Contractor. This guaranty shall then continue as to refurnished or replacing articles or parts thereof until one year after date of delivery. If the Government does not require replacement or refurnishing of a defective or nonconforming article, the Contractor, if required by the Contracting Officer within a reasonable time after the notice of defect or nonconformance, shall repay such portion of the contract price of the article as is equitable in the circumstances.
4. Transportation tat.—The contractor hereby certifies that no amount for the transportation tax imposed by Section 3475 of the Internal Revenue Code, as amended, on transportation charges incident to delivery under the contract, has been included in the prices quoted herein. (See Article 1 (c) of Special Program Contract Terms (7/15/49). This certification is applicable only to shipments moving from contractor's point of shipment to destination assigned by the General Services Administration.
5. Inspection and test.—Inspection details will be furnished Contractor by the Inspection Branch, Standards Division, General Services Administration, Federal Supply Service, 7th and D Streets SW., Washington 25, D. C. All material will be inspected at Contractor's plant, prior to and after completion of packing for shipment, and to such standards, specifications and specific instructions as appear within this contract. Contractor shall furnish at least one copy of an invoice, packing list, shipping memorandum, or equally suitable document to the Inspector for certification as to acceptance.
Invoices will not be paid unless supported by such certified document. If a charge for inspection is made a part of the cost of articles or services and is so stipulated in the contract, such charges shall govern in lieu of any statement to the contrary notwithstanding as may be included in Article 6 of Special Program Contract Terms (July 15, 1949). If the article be an item of machinery or equipment, the Contractor shall, at his own expense, conduct a complete test of each type of completed article, including performance test, if and whenever required by the Inspector, and if so stipulated in the contract.
6. Painting and protective coating (if type of equipment furnished requires it).-Bright surfaces, and surfaces machined to insure precision fit, finished appearance, or smoothness, shall not be painted but shall be protected against corrosive action by a suitable protective coating. All other metal surfaces which are not normally painted shall be protected in the same manner. Protective coating materials shall be of types and formulae which will insure adequate protection to the surfaces in transit to the final destination. All other equipment parts shall receive one coat of high quality paint before assembly and a second coast after assembly. Parts not accessible for painting after final assembly shall receive two coats of paint prior to assembly. No painting shall be performed prior to inspection unless specifically approved by the Inspector.
7. Overseas packing.-All material furnished under this contract shall be packed for export. Such packing must be sufficient to secure safe arrival at the foreign destination, fully covering such overseas shipping hazards as rough handling and possible corrosion due to exposure to salt atmosphere, salt spray, or open storage. The bidder is requested to indicate on separate sheet attached to his bid, a detailed description of the packing he proposes to use, including such items as the type of outer and inner containers, barriers, corrosion resistance, etc., where applicable. These packing provisions, if approved, will form a part of the contract. Before any additional charges are incurred for packing requirements, they must be justified by the Inspection Branch and approved by the Contracting Officer, Purchase Division, Emergency Procurement Service. If so approved, an amendment to the contract will be issued.
8. Identification.—All parts, if shipped unattached or separately from the basic equipment, also all spare parts, must be identified legibly by tags, labels, or inscription in indelible ink, strictly in accordance with the reference marks or part numbers of the basic equipment or on the assembly drawings, if such are required to be furnished.
9. Marking8.—On wood, plywood, and veneer cases, barrels or kegs, all marks shall be applied by stencil with waterproof inks or oil paints, and these marks protected against weathering by clear water-resistant varnish. On metal or metal containers, marks shall be applied with waterproof oil paints. Characters shall be legible and not less than 1" high, unless restricted by size of package. When metal tags are used they must be rustproof. Tin- or terne-coasted tags and uncoated steel tags are not considered rustproof and must not be used. Wheri paper tags are used, they must be free of rope stock, with a minimum thickness, of 0.020'', meeting the requirements of Tag Manufacturer's Institute Specification No. 20WR or Federal Specification for Tags UU-T-81b. After marks have been applied to the tag, they shall be coated with clear varnish. All tags must be “double-eyelet" tags and fastened at each end.
Marking requirements shall be furnished promptly to the Contractor by the Storage and Transportation Division, Emergency Procurement Service, and may or may not include the application of an ECA Emblem of an appropriate type ; shipments unpackaged or in bulk will in no case require the use of such emblem. In addition to the foregoing, applicable marking information may be provided in the contract.
10. Shipping instructions and documentation. For shipping instructions and detail of documents required, application shall be made by the Contractor to:
Storage and Transportation Division
Washington 25, D. C. Documents required shall be distributed as instructed by above, and the minimum requirements will be as follows:
Invoice_Original and 14 copies.
A packing list or shipping memorandum shall be prepared for each shipment, in the required number of copies, indicating contract identification and iten number(s), contents, gross weight, and cubic measurement of each separate container, package, bundle, or bulk lot.
11. Invoice.—Each original invoice and copies thereof, shall show the commodity code number specified on the face page of the contract.
Each original invoice and two (2) copies thereof shall be forwarded to Examination Branch, Accounts and Reports Division, General Services Administration, 7th and D Streets SW., Washington 25, D. C.
Each original invoice shall have printed, stamped, or typed thereon the following certification to be signed by the Contractor's duly authorized representative with his title indicated. The firm name must be identical to that shown on the contract and must appear under the certification:
"I certify that the above bill is correct and just and that payment therefor has not been received."
(Signature and title) One copy of your invoice must bear the certification of a General Services Administration Inspector as to acceptance as required by article 5 hereof, or accompanied by a packing list, shipping memorandum, or equally suitable document bearing such certification. For the purpose of determining the date discount period begins, the term "bill or voucher properly certified," appearing in article 4 of Special Program Contract Terms, means an invoice properly certified by contractor and accompanied by a document bearing the certification of a General Services Administration Inspector.
12. Drawings and manufacturers' instructions pertaining to machinery or equipment.-As promptly as possible, and in any event prior to acceptance by the Government, the Contractor shall forward to the proper receiver thereof named either in the contract or in supplementary correspondence or documents, four (4) copies each of the following, so far as they apply to the contract machinery or equipment:
1. General arrangement drawings.
3. Installation drawings, showing weights and dimensions of the heaviest parts.
4. Electric wiring circuit diagrams and list of electrical specifications. 5. Lubrication system circuit diagrams.
6. Instructions for assembly, erection, operation, and maintenance of the equipment.
7. Certified test reports (when required in contract).
Two copies each of the above shall be bound, wrapped in waterproof paper, and packed with each complete lot of equipment shipped. All above-mentioned documents shipped with equipment shall be listed on the packing list for the package in which they are shipped.
13. Subcontracts.—Three (3) copies of any unpriced purchase order for a finished product or component issued to a subsupplier shall be forwarded immediately to the General Services Administration, Inspection Division, in the region to which this contract is assigned, and one copy shall be forwarded immediately to the Storage and Transportation Division, Emergency Procurement Service, 7th and D Streets SW., Washington 25, D. C.
Contract No. GS-OOP-16154 (EC)
Req. No. ECA-95–370-00–H201–2229 (Partial) The information asked for below is to be furnished if contract exceeds $10,000 and is to be made a part of this contract.
The material offered is to be manufactured or supplied by.
Retort Pharmaceutical Co., Inc., 42–25 Ninth St., Long Island City 1, N. Y.
(See above) To be shipped to the Government by
(Name of Plant)
(Location, city, State)
The above membered contract is hereby amended to laclude the following provision in lieu of Paragraph 5, "Assignment of Claims" La Special Program Contract Terme, Revised July 15, 1949. "As& ignment of claims.(a) Pursuant to the provisions of the assignment of Claims Act of 1940, as amended (31 U.S.Code 203, 41 O.S.Code 15), if this contract provides for payment agerogating $1,000.00 or more, claims for moneys due or to become due the contractor from the Government under this contract may be assigned to a bank, trust company, or other financing institution, includir.. any Tederal lending agency. and may thereafter be further assigned and reassigned to any such Institution. Any such assignment or reassignnont shall cover all amour.ts payable undor this contract and not alroady paid, and shall not bo nade to more than one party, excopt that any such assignmont or roa88 ignnont may be nado to one party 88 agent or trustee for two or moro parties participating in such financing. Hotwithstanding any other provision of this contract, paymuats nado altor tho dc.to of this amondment to an assignoc of any nonoys juu or to bocome duo undor this contract shall not, to the oxtont provided in said act, 08 anondod, bo subjoct to reduction or sot-off. "(0) Ia no ovcnt shall copies of this contract or of any plans, spocifications, or, othor similer documonts retire to work undor this contrnct, if merkod 'Top Socrct'; "Socrot,' 'Confidontial,' ur Rostrictod,' do furnishod to cny 888ignoo of any cla ia Ar18 ing undor this contract or to any othor porson not ontitled to recoivo tho sano; providod that a copy of any part or all of this contract 80 marked may be furnishod, or any information contnine thoroin may be disclosod, to such assignoo mpon tho prior writton nuthorization of thu Contract 1:16 Officer."
This ancndront is in tho bost intorosts of tho tnit ud Statos Govcrpnont and doos not affoct tho unit prico quotod. All other conditions, torns and stipulatioas will romain in full forco and effoct.
This ancndpont has boon ontorod Into purteant to authority of Soction 119 and/or 403 of tho Foroigo Assistanco Act of 1948 nad Bocutivo Ordor 9943 of April 9,1948,