A-66376, MAY 22, 1936, 15 COMP. GEN. 1019

A-66376: May 22, 1936

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CONTRACTS - LABOR SHORTAGE - INCREASED WORKING HOURS WHERE THE BIDDING AND CONTRACTING FOR THE CONSTRUCTION OF A PUBLIC BUILDING WERE ON THE BASIS THAT CERTAIN MENTIONED CONDITIONS MIGHT OCCUR JUSTIFYING EXTENSION OF WORKING HOURS. THERE IS NO OBJECTION TO SUCH EXTENSION FROM 30 TO MORE THAN 40 HOURS PER WEEK. A CONTRACT (COPY ENCLOSED) WAS ENTERED INTO BETWEEN THE UNITED STATES OF AMERICA. WHICH IS TO BE COMPLETED WITHIN 480 CALENDAR DAYS FROM THE DATE OF RECEIPT OF NOTICE TO PROCEED (AUGUST 26. WHICH PROVIDES THAT ALL CONTRACTS LET FOR CONSTRUCTION PROJECTS SHALL CONTAIN SUCH PROVISIONS AS ARE NECESSARY TO INSURE THAT "SO FAR AS PRACTICABLE AND FEASIBLE. WHICH WAS THEN IN EFFECT) IS ENCLOSED.

A-66376, MAY 22, 1936, 15 COMP. GEN. 1019

CONTRACTS - LABOR SHORTAGE - INCREASED WORKING HOURS WHERE THE BIDDING AND CONTRACTING FOR THE CONSTRUCTION OF A PUBLIC BUILDING WERE ON THE BASIS THAT CERTAIN MENTIONED CONDITIONS MIGHT OCCUR JUSTIFYING EXTENSION OF WORKING HOURS, THERE IS NO OBJECTION TO SUCH EXTENSION FROM 30 TO MORE THAN 40 HOURS PER WEEK, FOR THE PERIOD OF A LABOR SHORTAGE, IF DETERMINED THAT THERE ACTUALLY EXISTS A SHORTAGE OF SUCH CHARACTER AS TO ENDANGER THE CONTRACTOR'S ABILITY TO COMPLETE ITS CONTRACT WITHIN THE TIME FIXED.

COMPTROLLER GENERAL MCCARL TO THE ADMINISTRATOR, FEDERAL EMERGENCY ADMINISTRATION OF PUBLIC WORKS, MAY 22, 1936:

THERE HAS BEEN RECEIVED YOUR LETTER OF MAY 13, 1936, AS FOLLOWS:

ON AUGUST 8, 1935, A CONTRACT (COPY ENCLOSED) WAS ENTERED INTO BETWEEN THE UNITED STATES OF AMERICA, REPRESENTED BY THE DIRECTOR OF PROCUREMENT, TREASURY DEPARTMENT, AND THE GEORGE A. FULLER COMPANY, FOR THE CONSTRUCTION OF THE NEW DEPARTMENT OF INTERIOR BUILDING. THE CONTRACT, WHICH IS TO BE COMPLETED WITHIN 480 CALENDAR DAYS FROM THE DATE OF RECEIPT OF NOTICE TO PROCEED (AUGUST 26, 1935), FIXES LIQUIDATED DAMAGES AT $1,000 FOR EACH CALENDAR DAY OF DELAY NOT EXCUSABLE UNDER THE TERMS OF THE CONTRACT.

CONSISTENT WITH SECTION 206 (2) OF TITLE II OF THE NATIONAL INDUSTRIAL RECOVERY ACT, WHICH PROVIDES THAT ALL CONTRACTS LET FOR CONSTRUCTION PROJECTS SHALL CONTAIN SUCH PROVISIONS AS ARE NECESSARY TO INSURE THAT "SO FAR AS PRACTICABLE AND FEASIBLE, NO INDIVIDUAL DIRECTLY EMPLOYED ON ANY SUCH PROJECT SHALL BE PERMITTED TO WORK MORE THAN THIRTY HOURS IN ANY ONE WEEK.' ARTICLE 11 (B) OF THE CONTRACT (U.S. GOVERNMENT FORM NO. P.W.A. 51 OF CONTRACT FOR CONSTRUCTION) READS AS FOLLOWS:

"THIRTY-HOUR WEEK.--- EXCEPT IN EXECUTIVE, ADMINISTRATIVE, AND SUPERVISORY POSITIONS, SO FAR AS PRACTICABLE AND FEASIBLE IN THE JUDGMENT OF THE CONTRACTING OFFICER, NO INDIVIDUAL DIRECTLY EMPLOYED ON THE PROJECT, SHALL BE PERMITTED TO WORK MORE THAN 30 HOURS IN ANY 1 WEEK: PROVIDED, THAT THIS CLAUSE SHALL BE CONSTRUED TO PERMIT WORKING TIME LOST BECAUSE OF INCLEMENT WEATHER OR UNAVOIDABLE DELAYS IN ANY 1 WEEK TO BE MADE UP IN THE SUCCEEDING 20 DAYS.'

THE INVITATION FOR BIDS ON THIS PROJECT REFERRED ALL BIDDERS TO BULLETIN NO. 51 OF THE FEDERAL EMERGENCY ADMINISTRATION OF PUBLIC WORKS. A COPY OF THAT BULLETIN (REVISION OF DECEMBER 1, 1934, WHICH WAS THEN IN EFFECT) IS ENCLOSED. SECTION 12 OF THAT BULLETIN NO. 51 READS AS FOLLOWS:

"SECTION 12. THE 30-HOUR WEEK PROVISION OF SECTION 206, TITLE II OF THE NATIONAL INDUSTRIAL RECOVERY ACT SHALL BE CONSTRUED---

"/A) TO PERMIT WORKING TIME LOST BECAUSE OF INCLEMENT WEATHER OR UNAVOIDABLE DELAYS IN ANY 1 WEEK TO BE MADE UP IN THE SUCCEEDING 20 DAYS.

"/B) TO PERMIT THE LIMITATION OF NOT MORE THAN 130 HOURS' WORK IN ANY 1 CALENDAR MONTH TO BE SUBSTITUTED FOR THE REQUIREMENT OF NOT MORE THAN 30 HOURS' WORK IN ANY 1 WEEK ON PROJECTS IN LOCALITIES WHERE A SUFFICIENT AMOUNT OF LABOR IS NOT AVAILABLE IN THE IMMEDIATE VICINITY OF THE WORK.

"/C) TO PERMIT WORK UP TO 8 HOURS A DAY OR UP TO 40 HOURS A WEEK ON PROJECTS LOCATED AT POINTS SO REMOTE AND INACCESSIBLE THAT CAMPS OR FLOATING PLANT ARE NECESSARY FOR THE HOUSING AND BOARDING OF ALL THE LABOR EMPLOYED.'

IN CASE THE CONTRACTING OFFICER SHALL DETERMINE THAT ANY PROJECT FALLS WITHIN THE TERMS OF (B) OR (C) HEREOF, HE SHALL SO STATE IN THE SPECIFICATIONS SUBMITTED IN BIDDERS.

IN CONTRACTS WHERE EXCEPTION (B) HAS BEEN SPECIFIED, THE FOLLOWING PROVISO SHALL BE ADDED BEFORE THE SECOND SENTENCE OF ARTICLE 11 (B) OF FORM P.W.A. 51:

AND PROVIDED FURTHER, THE CONTRACTING OFFICER HAVING STATED IN THE SPECIFICATIONS FOR BIDS THAT A SUFFICIENT AMOUNT OF LABOR IS NOT AVAILABLE IN THE IMMEDIATE VICINITY OF THE WORK, THAT A LIMITATION OF NOT MORE THAN 130 HOURS' WORK IN ANY 1 CALENDAR MONTH MAY BE SUBSTITUTED FOR THE REQUIREMENT OF NOT MORE THAN 30 HOURS' WORK IN ANY 1 WEEK ON THE PROJECT.

IN CONTRACTS WHERE EXCEPTION (C) HAS BEEN SPECIFIED, THE FOLLOWING SECTION SHALL BE SUBSTITUTED IN THE PLACE OF THE FIRST FULL SENTENCE OF ARTICLE 11 (B) OF FORM P.W.A. 51:

(B) HOURS OF LABOR.--- EXCEPT IN EXECUTIVE, ADMINISTRATIVE, AND SUPERVISORY POSITIONS, SO FAR AS PRACTICABLE AND FEASIBLE IN THE JUDGMENT OF THE CONTRACTING OFFICER, NO INDIVIDUAL DIRECTLY EMPLOYED ON THE PROJECT SHALL BE PERMITTED TO WORK MORE THAN 40 HOURS IN ANY 1 WEEK AND MORE THAN 8 HOURS IN ANY 1 DAY. THE CONTRACTING OFFICER HAVING STATED IN THE SPECIFICATIONS FOR BIDS THAT THE WORK WILL BE LOCATED AT POINTS SO REMOTE AND INACCESSIBLE THAT CAMPS OR FLOATING PLANT ARE NECESSARY FOR THE HOUSING AND BOARDING OF ALL THE LABOR EMPLOYED, THIS PROVISION SHALL APPLY IN LIEU OF THE USUAL 30-HOUR TERMS.

"/D) TO PERMIT THE CONTRACTING OFFICER TO AUTHORIZE WORK NOT TO EXCEED 40 HOURS A WEEK ON THE PROJECT WHERE CONSTRUCTION HAS BEEN COMMENCED AND SATISFACTORY EVIDENCE HAS BEEN SUBMITTED TO THE CONTRACTING OFFICER THAT THERE IS NOT AVAILABLE SUFFICIENT QUALIFIED LABOR OF A PARTICULAR CLASS OR TRADE. PERMISSION TO WORK FOR 40 HOURS A WEEK SHALL NOT BE EXTENDED AFTER THE NECESSARY QUALIFIED LABOR IS AVAILABLE.'

BY EXECUTIVE ORDER NO. 6929, OF DECEMBER 26, 1934 (COPY ENCLOSED), THE PRESIDENT DELEGATED TO THE FEDERAL EMERGENCY ADMINISTRATOR OF PUBLIC WORKS THE POWER TO ALTER, AMEND, OR WAIVE ANY OR ALL RULES AND REGULATIONS SET FORTH IN EXECUTIVE ORDER NO. 6252 OF AUGUST 19, 1933 (COPY ENCLOSED) AND TO PRESCRIBE NEW RULES AND REGULATIONS PURSUANT TO THE AUTHORITY OF SECTION 209 OF TITLE II OF THE NATIONAL INDUSTRIAL RECOVERY ACT, WHICH READS AS FOLLOWS:

"SECTION 209. THE PRESIDENT IS AUTHORIZED TO PRESCRIBE SUCH RULES AND REGULATIONS AS MAY BE NECESSARY TO CARRY OUT THE PURPOSES OF THIS TITLE, AND ANY VIOLATION OF ANY SUCH RULE OR REGULATION SHALL BE PUNISHABLE BY FINE OF NOT TO EXCEED $500 OR IMPRISONMENT NOT TO EXCEED SIX MONTHS, OR BOTH.'

PURSUANT TO EXECUTIVE ORDER NO. 6929, OF DECEMBER 26, 1934, I CAUSED TO BE PROMULGATED RULES AND REGULATIONS WHICH WERE APPROVED BY THE PRESIDENT ON DECEMBER 26, 1934. SECTION 2 OF THESE RULES AND REGULATIONS (A COPY OF WHICH IS ENCLOSED) READS AS FOLLOWS:

"2. THIRTY-HOUR WEEK.--- NO EMPLOYER SHALL PERMIT ANY INDIVIDUAL DIRECTLY EMPLOYED ON ANY SUCH PROJECT, EXCEPT ONE HOLDING AN EXECUTIVE, ADMINISTRATIVE, OR SUPERVISORY POSITION, TO WORK MORE THAN EIGHT HOURS IN ANY ONE DAY OR MORE THAN THIRTY HOURS IN ANY ONE WEEK WITHOUT FIRST OBTAINING FROM THE ADMINISTRATOR OR FROM HIS AUTHORIZED AGENT WRITTEN PERMISSION THEREFOR. SUCH PERMISSION SHALL BE GIVEN BY THE ADMINISTRATOR OR HIS AUTHORIZED AGENT IN ALL CASES WHEN IN HIS JUDGMENT OR IN THE JUDGMENT OF HIS AUTHORIZED AGENT IT SHALL BE IMPRACTICAL OR UNFEASIBLE TO SO LIMIT THE WORKING HOURS.'

ON FEBRUARY 9, 1935, I ADDRESSED A COMMUNICATION (COPY ENCLOSED) TO ALL FEDERAL DEPARTMENTS AND AGENCIES IN WHICH I ADVISED THAT THE WORDS "AUTHORIZED AGENT" AS USED IN PARAGRAPH 2 OF THE RULES AND REGULATIONS (QUOTED ABOVE) MEANT THE CONTRACTING OFFICER. THIS COMMUNICATION AUTHORIZED THE CONTRACTING OFFICER TO GRANT PERMISSION FOR WORK IN EXCESS OF THIRTY HOURS PER WEEK WHEN AUTHORIZATION FOR THE SAME IS WARRANTED IN THE EXCEPTIONS SET FORTH IN SECTION 12 (A), (B), AND (C) OF P.W.A. BULLETIN NO. 51 (QUOTED ABOVE). UNDER THE TERMS OF THAT COMMUNICATION, FURTHERMORE, PERMISSION FOR ALL OTHER EXCEPTIONS TO PARAGRAPH 2 OF THE RULES AND REGULATIONS (OF WHICH THE EXCEPTION SET FORTH IN SECTION 12 (D) OF P.W.A. BULLETIN NO. 51, QUOTED ABOVE, IS ONE) MUST BE OBTAINED IN WRITING FROM THE FEDERAL EMERGENCY ADMINISTRATOR OF PUBLIC WORKS.

FOR THE REASONS SET FORTH BELOW, THE CONTRACTOR REQUESTS PERMISSION TO WORK EMPLOYEES FORTY HOURS A WEEK. SINCE THE CONTRACTING OFFICER HAD NOT DETERMINED THAT THIS PROJECT FALLS WITHIN THE TERMS OF SECTION 12 (B) OF P.W.A. BULLETIN NO. 51, THERE WAS NO REFERENCE TO SUCH EXCEPTION IN THE SPECIFICATIONS, AND THE PROVISO REFERRED TO IN SAID SECTION 12 WAS NOT ADDED BEFORE THE SECOND SENTENCE OF ARTICLE 11 (B) OF FORM NO. P.W.A. 51 OF CONTRACT FOR CONSTRUCTION (QUOTED ABOVE). IT FOLLOWS, THEREFORE, THAT UNDER THE TERMS OF MY COMMUNICATION TO FEDERAL DEPARTMENTS AND AGENCIES OF FEBRUARY 9, 1935, AND IN THE LIGHT OF SECTION 12 (D) OF P.W.A. BULLETIN NO. 51, THE CONTRACTING OFFICER MUST OBTAIN MY PERMISSION IN WRITING BEFORE HE MAY AUTHORIZE WORK IN EXCESS OF THIRTY AND NOT TO EXCEED FORTY HOURS A WEEK ON THE PROJECT.

ON APRIL 24, 1936, THE ACTING DIRECTOR OF THE PROCUREMENT DIVISION FORMALLY REQUESTED MY DECISION AS TO WHETHER THE FORTY HOUR WEEK COULD BE AUTHORIZED. THE JUSTIFICATION FOR THE EXCEPTION IS THE LACK OF QUALIFIED LABOR AND EVIDENCE TO SUPPORT THE REQUEST FOR THE EXCEPTION APPEARS IN THE DOCUMENTS REFERRED TO IN THE ABOVE-DATED LETTER AS WELL AS IN THE SUPPLEMENT TO SUCH LETTER, DATED APRIL 28, 1936, AND THE ENCLOSURES REFERRED TO THEREIN.

FOR YOUR CONVENIENCE, COPIES OF EACH OF THE LETTERS ARE ENCLOSED AND ARE IDENTIFIED AS FOLLOWS:

APRIL 24, 1936: ACTING DIRECTOR OF PROCUREMENT DIVISION TO FEDERAL EMERGENCY ADMINISTRATOR OF PUBLIC WORKS. ENCLOSURES CONSISTING OF---

APRIL 23, 1936: CONSTRUCTION ENGINEER TO PROCUREMENT DIVISION. ENCLOSURES CONSISTING OF---

APRIL 22, 1936: GEORGE A. FULLER CO. (GENERAL SUPERINTENDENT) TO CONSTRUCTION ENGINEER. ENCLOSURES CONSISTING OF---

APRIL 21, 1936: WASHINGTON BUILDING TRADES COUNCIL TO CONSTRUCTION ENGINEER.

APRIL 16, 1936: CARPENTERS' DISTRICT COUNCIL TO THE SECRETARY OF THE INTERIOR.

APRIL 23, 1936: CONSTRUCTION ENGINEER TO PROCUREMENT DIVISION.

ENCLOSURE

APRIL 23, 1936: GEORGE A. FULLER CO. (GENERAL SUPERINTENDENT) TO CONSTRUCTION ENGINEER.

APRIL 23, 1936: CONSTRUCTION ENGINEER TO PROCUREMENT DIVISION. ENCLOSURES CONSISTING OF---

APRIL 15, 1936: OTIS ELEVATOR CO. TO CONSTRUCTION ENGINEER.

ENCLOSURE

APRIL 15, 1936: INTERNATIONAL UNION OF ELEVATOR CONSTRUCTORS, OPERATORS, AND STARTERS TO OTIS ELEVATOR CO.

APRIL 28, 1936: ACTING DIRECTOR OF PROCUREMENT DIVISION TO FEDERAL EMERGENCY ADMINISTRATOR OF PUBLIC WORKS. ENCLOSURES CONSISTING OF---

APRIL 28, 1936: CONSTRUCTION ENGINEER TO PROCUREMENT DIVISION.

ENCLOSURE

APRIL 24, 1936: GEORGE A . FULLER CO. (GENERAL SUPERINTENDENT) TO CONSTRUCTION ENGINEER.

ALTHOUGH I REALIZE THAT BY VIRTUE OF THE RULES AND REGULATIONS DESCRIBED ABOVE, I HAVE THE AUTHORITY TO AUTHORIZE THE DIRECTOR OF THE PROCUREMENT DIVISION TO PERMIT WORK IN EXCESS OF THIRTY AND NOT TO EXCEED FORTY HOURS A WEEK ON THE PROJECT IF IN MY OPINION THERE HAS BEEN A SATISFACTORY SHOWING THAT IT WOULD NOT BE FEASIBLE OR PRACTICAL TO LIMIT THE WORK OF ANY EMPLOYEE TO THIRTY HOURS IN ANY ONE WEEK, YOUR OPINION IS REQUESTED AS TO WHETHER SUCH AUTHORIZATION FOR THE PERIOD OF THE EMERGENCY WOULD INTERFERE IN ANY WAY WITH THE LIQUIDATED DAMAGE PROVISION OF THE CONTRACT WITH GEORGE A. FULLER CO. IN OTHER WORDS, SINCE THE CONTRACTOR CAN COMPLETE THE CONTRACT IN LESS TIME IF HIS EMPLOYEES WORK FORTY HOURS A WEEK THAN IF THEY WORK THIRTY HOURS A WEEK, WOULD MY AUTHORIZATION AMOUNT TO AN ARRANGEMENT PREJUDICIAL TO THE INTERESTS OF THE GOVERNMENT IN VIEW OF THE LIQUIDATED DAMAGE PROVISION OF THE CONTRACT?

IT IS MY OPINION THAT THE FACT THAT IT WAS MADE PLAIN IN THE PROPOSAL TO RECEIVE BIDS THAT PERMISSION MIGHT BE GRANTED UNDER CERTAIN CIRCUMSTANCES TO EXCEED THE THIRTY-HOUR LIMIT PLACED ALL BIDDERS ON EQUAL NOTICE WITH REFERENCE TO PERMISSIBLE HOURS OF WORK WHICH MUST BE CONSIDERED IN COMPUTING THEIR RESPECTIVE BIDS. BIDDERS WERE NOT EXPECTED TO KNOW LAST SUMMER WHAT THE LABOR MARKET WOULD BE THIS SPRING. IN VIEW OF THAT FACT, OF THE FACT THAT A SATISFACTORY SHOWING HAS BEEN MADE FOR THE NEED OF MY AUTHORIZATION, AND OF THE FACT THAT IT IS IN THE INTEREST OF THE GOVERNMENT TO SPEED THE CONSTRUCTION OF THE BUILDING IN ORDER TO CONSOLIDATE THE VARIOUS DIVISIONS OF THE DEPARTMENT OF THE INTERIOR AND AVOID THE EXPENSE AND INCONVENIENCE RESULTING FROM RENTING QUARTERS THROUGHOUT THE DISTRICT OF COLUMBIA BY THESE INTERIOR DEPARTMENT DIVISIONS, I AM CERTAIN THAT THE GRANTING OF PERMISSION TO WORK EMPLOYEES ON THE PROJECT NOT TO EXCEED FORTY HOURS IN ANY ONE WEEK WOULD NOT BE PREJUDICIAL TO THE GOVERNMENT.

I AM INFORMED THAT FOR REASONS SET FORTH IN THE CONTRACT THE CONTRACTOR WILL BE ENTITLED AS A MATTER OF RIGHT TO AN EXTENSION OF TIME BEFORE THE CONTRACTOR SHALL BE CHARGED WITH LIQUIDATED DAMAGES. IF IT SHOULD DEVELOP AFTER EXAMINATION OF THE FACTS THAT THE CONTRACTOR IS ENTITLED TO AN EXTENSION OF TIME FOR COMPLETING THE WORK, AND IF YOUR ANSWER TO MY FIRST QUESTION IS TO THE EFFECT THAT MY APPROVAL OF A FORTY-HOUR WEEK WOULD BE PREJUDICIAL TO THE GOVERNMENT'S INTEREST, WOULD YOUR RULING PERMIT THE AUTHORIZATION FOR THE FORTY HOUR WEEK IF THE CONTRACTOR AGREES IN WRITING TO WAIVE HIS RIGHT TO DEMAND AN EXTENSION OF TIME?

IT IS UNDERSTOOD FROM THE FACTS AS SUBMITTED BY YOU THAT AUTHORIZATION FOR EXTENSION OF WORKING HOURS, FROM 30 TO 40 HOURS PER WEEK, IS BEING SOUGHT BY CONTRACTOR FOR ITS BENEFIT AND ON THE BASIS OF A LABOR SHORTAGE ENDANGERING ITS ABILITY TO PERFORM WITHIN THE TIME LIMIT FIXED BY THE CONTRACT, AND THAT, ON SUCH BASIS, YOUR QUESTION IS WHETHER IF YOU SHOULD DETERMINE AS A FACT AND ON THE RECOMMENDATION OF THE CONTRACTING OFFICER THAT A SHORTAGE OF LABOR NOW EXISTS, AS CLAIMED, AND ACCORDINGLY SHOULD AUTHORIZE AN EXTENSION OF WORKING HOURS FROM 30 TO 40 HOURS PER WEEK DURING THE PERIOD OF SUCH CONDITION OF LABOR SHORTAGE, THE CONTRACTUAL PROVISION FOR LIQUIDATED DAMAGES IN EVENT OF FAILURE TO COMPLETE ON TIME, WOULD BE AFFECTED ADVERSELY TO THE INTERESTS OF THE GOVERNMENT. WHILE IT MAY BE THAT AN AUTHORIZATION FOR EXTENSION OF WORKING HOURS WILL ENABLE CONTRACTOR TO COMPLETE IN LESS TIME THAN IF CONTINUED TO BE LIMITED TO 30 HOURS PER WEEK, IT SEEMS CLEAR THAT THE BIDDING AND CONTRACTING, AND THUS THE FIXING OF THE TIME LIMIT AND THE AMOUNT OF LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE ON TIME, WERE ON THE BASIS THAT CERTAIN MENTIONED CONDITIONS MIGHT OCCUR DURING PROSECUTION OF THE WORK, JUSTIFYING AUTHORIZATION OF AN EXTENSION OF HOURS OF LABOR DURING CONTINUANCE OF SUCH CONDITION, AND IT SEEMS CLEAR, ALSO, THAT AN ACTUAL LABOR SHORTAGE OF SUCH CHARACTER AS TO ENDANGER CONTRACTOR'S ABILITY TO COMPLETE ON TIME WOULD BE WITHIN SUCH POSSIBLE OCCURRENCES. ON THE BASIS OF THE FOREGOING YOU ARE ADVISED THAT IF, IN GIVING CONSIDERATION TO CONTRACTOR'S REQUEST AND SHOWING IN THE MATTER, YOU SHOULD FIND AND DETERMINE AS A FACT AND ON THE RECOMMENDATION OF THE CONTRACTING OFFICER THAT A LABOR SHORTAGE NOW EXISTS IN THE VICINITY OF THE CONTRACT WORK AND OF SUCH CHARACTER AS TO ENDANGER CONTRACTOR'S ABILITY TO COMPLETE ITS CONTRACT WITHIN THE TIME LIMIT FIXED THEREIN, NO OBJECTION BY THIS OFFICE WILL BE REQUIRED TO AN AUTHORIZATION BY YOU FOR EXTENSION OF THE WORKING HOURS ON WORK TO BE PERFORMED UNDER THE CONTRACT FROM 30 TO NOT MORE THAN 40 HOURS PER WEEK DURING THE CONTINUANCE OF SUCH CONDITION OF LABOR SHORTAGE, AND THAT SUCH COURSE WILL NOT AFFECT ADVERSELY THE GOVERNMENT'S INTERESTS UNDER THE LIQUIDATED DAMAGE PROVISION OF THE CONTRACT.

YOUR FIRST QUESTION IS ANSWERED ACCORDINGLY, MAKING IT UNNECESSARY AT THIS TIME TO ANSWER YOUR SECOND QUESTION.