A-98612, FEBRUARY 8, 1939, 18 COMP. GEN. 646

A-98612: Feb 8, 1939

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AS DISTINGUISHED FROM OTHER MATERIALS AND ARTICLES WHICH WERE NOT USUALLY BOUGHT IN THE OPEN MARKET. ARE NOT CONTRACTS EITHER FOR . ARE CONTRACTS WHICH NOT ONLY MAY. DOUBTLESS WILL. 1939: THERE HAVE BEEN BROUGHT TO MY ATTENTION CONTRACTS ENTERED INTO BY THE CORPS OF ENGINEERS. OR THE DISTRICT OF COLUMBIA IS A PARTY. WHETHER THE VIOLATION OF THE PROVISIONS OF SUCH CONTRACT IS BY THE CONTRACTOR OR ANY SUBCONTRACTOR. ANY CONTRACTOR OR SUBCONTRACTOR AGGRIEVED BY THE WITHHOLDING OF ANY PENALTY AS HEREINBEFORE PROVIDED SHALL HAVE THE RIGHT WITHIN SIX MONTHS THEREAFTER TO APPEAL TO THE HEAD OF THE DEPARTMENT MAKING THE CONTRACT ON BEHALF OF THE UNITED STATES OR THE TERRITORY. WHO SHALL HAVE POWER TO REVIEW THE ACTION IMPOSING THE PENALTY.

A-98612, FEBRUARY 8, 1939, 18 COMP. GEN. 646

CONTRACTS - 8-HOUR LAW - SCOPE OF APPLICABILITY AND EXEMPTION PROVISIONS - "SUPPLIES," "MATERIALS," AND "ARTICLES" DEFINED THE 8-HOUR LABOR LAW OF JUNE 19, 1912, 37 STAT. 137, BEING BY ITS PLAIN TERMS APPLICABLE TO EVERY CONTRACT OF THE UNITED STATES OF WHATSOEVER NATURE, OTHERWISE WITHIN ITS TERMS, WHICH MAY REQUIRE OR INVOLVE THE EMPLOYMENT OF LABORERS OR MECHANICS, ITS APPLICATION MAY NOT BE LIMITED TO ,PUBLIC WORKS" OR "CONSTRUCTION" CONTRACTS ONLY. THE WORD "SUPPLIES" IN THE EXEMPTION PROVISIONS OF THE 8-HOUR LABOR LAW OF JUNE 19, 1912, 37 STAT. 137, CONTEMPLATES PURCHASES SUCH, FOR EXAMPLE, AS CANNED VEGETABLES, UNIFORMS AND SIMILAR ARTICLES OF ORDINARY NEED, AND THE EXEMPTION OF "MATERIALS AND ARTICLES SUCH AS MAY USUALLY BE BOUGHT IN THE OPEN MARKET" HAS REFERENCE TO THOSE MANUFACTURED IN STOCK OR STANDARD FORMS, SUPPLIED TO THE TRADE GENERALLY, USUALLY FOUND IN STOCK, AND BOUGHT FROM PRODUCERS OR DEALERS IN THE OPEN MARKET, OR THE GENERAL MARKET, AS DISTINGUISHED FROM OTHER MATERIALS AND ARTICLES WHICH WERE NOT USUALLY BOUGHT IN THE OPEN MARKET, BUT USUALLY ORDERED TO BE MADE. CONTRACTS FOR LABOR AND MATERIALS FOR METALLIZING OF ENGINE PARTS; FOR REPAIRING, RECAPPING, AND RETREADING TIRE CASINGS; FOR SERVICES OF MECHANICS, HELPERS, AND TOOLS FOR MACHINE-SHOP WORK; AND LABOR AND MATERIAL FOR RECORDING, REPAIRING, AND CLEANING RADIATORS, ARE NOT CONTRACTS EITHER FOR ,THE PURCHASE OF SUPPLIES," OR "FOR SUCH MATERIALS OR ARTICLES AS MAY USUALLY BE BOUGHT IN OPEN MARKET," WITHIN THE MEANING OF THE EXEMPTION PROVISIONS OF THE 8-HOUR LAW OF JUNE 19, 1912, 37 STAT. 137, BUT ARE CONTRACTS WHICH NOT ONLY MAY, BUT DOUBTLESS WILL, REQUIRE OR INVOLVE THE EMPLOYMENT OF LABORERS OR MECHANICS IN MANY INSTANCES AND IN THEIR NATURE SQUARELY WITHIN THE CLASSES OF CONTRACTS TO WHICH THE SAID LAW APPLIES.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF WAR, FEBRUARY 8, 1939:

THERE HAVE BEEN BROUGHT TO MY ATTENTION CONTRACTS ENTERED INTO BY THE CORPS OF ENGINEERS, WAR DEPARTMENT, AS FOLLOWS:

W 509 ENG-502, ENTERED INTO JULY 1, 1938, WITH MACHINERY ENGINEERING INC., LOS ANGELES, CALIFORNIA, FOR FURNISHING ALL LABOR AND MATERIALS AND PERFORMING ALL WORK FOR METALLIZING OF ENGINE PARTS DURING THE FISCAL YEAR 1939, IN THE AMOUNT OF $4,304.75.

W 509 ENG-523, ENTERED INTO JULY 1, 1938, WITH U.S. TIRE SERVICE DIVISION OF U.S. TIRE DEALERS MUTUAL CORPORATION, LOS ANGELES, CALIFORNIA, FOR REPAIRING, RECAPPING, AND RETREADING TIRE CASINGS DURING THE PERIOD ENDING DECEMBER 31, 1938, IN THE AMOUNT OF $5,144.39.

W 509 ENG-532, ENTERED INTO JULY 1, 1938, WITH KINMONT MFG. COMPANY, INC., LOS ANGELES, CALIFORNIA, FOR SERVICES OF MECHANICS, HELPERS,AND TOOLS FOR MACHINE SHOP WORK DURING THE FISCAL YEAR 1939, IN THE AMOUNT OF $14,810.

W 509 ENG-535, ENTERED INTO JULY 1, 1938, WITH HEATH AUTO RADIATOR COMPANY, LOS ANGELES, CALIFORNIA, COVERING THE FURNISHING OF LABOR AND MATERIAL FOR RECORING, REPAIRING, AND CLEANING RADIATORS DURING THE FISCAL YEAR 1939, IN THE AMOUNT OF $3,440.

NONE OF THESE CONTRACTS INCLUDE THE STIPULATIONS REQUIRED BY THE 8 HOUR LABOR LAW OF JUNE 19, 1912, 37 STAT. 137, SECTIONS 1 AND 2 OF WHICH PROVIDE:

THAT EVERY CONTRACT HEREAFTER MADE TO WHICH THE UNITED STATES, AND TERRITORY, OR THE DISTRICT OF COLUMBIA IS A PARTY, AND EVERY SUCH CONTRACT MADE FOR OR ON BEHALF OF THE UNITED STATES, OR ANY TERRITORY, OR SAID DISTRICT, WHICH MAY REQUIRE OR INVOLVE THE EMPLOYMENT OF LABORERS OR MECHANICS SHALL CONTAIN A PROVISION THAT NO LABORER OR MECHANIC DOING ANY PART OF THE WORK CONTEMPLATED BY THE CONTRACT, IN THE EMPLOY OF THE CONTRACTOR OR ANY SUBCONTRACTOR CONTRACTING FOR ANY PART OF SAID WORK CONTEMPLATED, SHALL BE REQUIRED OR PERMITTED TO WORK MORE THAN EIGHT HOURS IN ANY ONE CALENDAR DAY UPON SUCH WORK; AND EVERY SUCH CONTRACT SHALL STIPULATE A PENALTY FOR EACH VIOLATION OF SUCH PROVISION IN SUCH CONTRACT OF FIVE DOLLARS FOR EACH LABORER OR MECHANIC FOR EVERY CALENDAR DAY IN WHICH HE SHALL BE REQUIRED OR PERMITTED TO LABOR MORE THAN EIGHT HOURS UPON SAID WORK; AND ANY OFFICER OR PERSON DESIGNATED AS INSPECTOR OF THE WORK TO BE PERFORMED UNDER ANY SUCH CONTRACT, OR TO AID IN ENFORCING THE FULFILLMENT THEREOF, SHALL, UPON OBSERVATION OR INVESTIGATION, FORTHWITH REPORT TO THE PROPER OFFICER OF THE UNITED STATES, OR OF ANY TERRITORY, OR OF THE DISTRICT OF COLUMBIA, ALL VIOLATIONS OF THE PROVISIONS OF THIS ACT DIRECTED TO BE MADE IN EVERY SUCH CONTRACT, TOGETHER WITH THE NAME OF EACH LABORER OR MECHANIC WHO HAS BEEN REQUIRED OR PERMITTED TO LABOR IN VIOLATION OF SUCH STIPULATION AND THE DAY OF SUCH VIOLATION, AND THE AMOUNT OF THE PENALTIES IMPOSED ACCORDING TO THE STIPULATION IN ANY SUCH CONTRACT SHALL BE DIRECTED TO BE WITHHELD FOR THE USE AND BENEFIT OF THE UNITED STATES, THE DISTRICT (OF COLUMBIA, OR THE TERRITORY CONTRACTING BY THE OFFICER OR PERSON WHOSE DUTY IT SHALL BE TO APPROVE THE PAYMENT OF THE MONEYS DUE UNDER SUCH CONTRACT, WHETHER THE VIOLATION OF THE PROVISIONS OF SUCH CONTRACT IS BY THE CONTRACTOR OR ANY SUBCONTRACTOR. ANY CONTRACTOR OR SUBCONTRACTOR AGGRIEVED BY THE WITHHOLDING OF ANY PENALTY AS HEREINBEFORE PROVIDED SHALL HAVE THE RIGHT WITHIN SIX MONTHS THEREAFTER TO APPEAL TO THE HEAD OF THE DEPARTMENT MAKING THE CONTRACT ON BEHALF OF THE UNITED STATES OR THE TERRITORY, AND IN THE CASE OF A CONTRACT MADE BY THE DISTRICT OF COLUMBIA TO THE COMMISSIONERS THEREOF, WHO SHALL HAVE POWER TO REVIEW THE ACTION IMPOSING THE PENALTY, AND IN ALL SUCH APPEALS FROM SUCH FINAL ORDER WHEREBY A CONTRACTOR OR SUBCONTRACTOR MAY BE AGGRIEVED BY THE IMPOSITION OF THE PENALTY HEREINBEFORE PROVIDED SUCH CONTRACTOR MAY WITHIN SIX MONTHS AFTER DECISION BY SUCH HEAD OF A DEPARTMENT OR THE COMMISSIONERS OF THE DISTRICT OF COLUMBIA FILE A CLAIM IN THE COURT OF CLAIMS, WHICH SHALL HAVE JURISDICTION TO HEAR AND DECIDE THE MATTER IN LIKE MANNER AS IN OTHER CASES BEFORE SAID COURT.

SEC. 2. THAT NOTHING IN THIS ACT SHALL APPLY TO CONTRACTS FOR TRANSPORTATION BY LAND OR WATER, OR FOR THE TRANSMISSION OF INTELLIGENCE, OR FOR THE PURCHASE OF SUPPLIES BY THE GOVERNMENT, WHETHER MANUFACTURED TO CONFORM TO PARTICULAR SPECIFICATIONS OR NOT, OR FOR SUCH MATERIALS OR ARTICLES AS MAY USUALLY BE BOUGHT IN OPEN MARKET, EXCEPT ARMOR AND ARMOR PLATE, WHETHER MADE TO CONFORM TO PARTICULAR SPECIFICATIONS OR NOT, OR TO THE CONSTRUCTION OR REPAIR OF LEVEES OR REVETMENTS NECESSARY FOR PROTECTION AGAINST FLOODS OR OVERFLOWS ON THE NAVIGABLE WATERS OF THE UNITED STATES: PROVIDED, THAT ALL CLASSES OF WORK WHICH HAVE BEEN, ARE NOW, OR MAY HEREAFTER BE PERFORMED BY THE GOVERNMENT SHALL, WHEN DONE BY CONTRACT, BY INDIVIDUALS, FIRMS, OR CORPORATIONS FOR OR ON BEHALF OF THE UNITED STATES OR ANY OF THE TERRITORIES OR THE DISTRICT OF COLUMBIA, BE PERFORMED IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF SECTION ONE OF THIS ACT. THE PRESIDENT, BY EXECUTIVE ORDER, MAY WAIVE THE PROVISIONS AND STIPULATIONS IN THIS ACT AS TO ANY SPECIFIC CONTRACT OR CONTRACTS DURING TIME OF WAR OR A TIME WHEN WAR IS IMMINENT, AND UNTIL JANUARY FIRST, NINETEEN HUNDRED AND FIFTEEN, AS TO ANY CONTRACT OR CONTRACTS ENTERED INTO IN CONNECTION WITH THE CONSTRUCTION OF THEISTHMIAN CANAL. NO PENALTIES SHALL BE IMPOSED FOR ANY VIOLATION OF SUCH PROVISION IN SUCH CONTRACT DUE TO ANY EXTRAORDINARY EVENTS OR CONDITIONS OF MANUFACTURE, OR TO ANY EMERGENCY CAUSED BY FIRE, FAMINE, OR FLOOD, BY DANGER TO LIFE OR TO PROPERTY, OR BY OTHER EXTRAORDINARY EVENT OR CONDITION ON ACCOUNT OF WHICH THE PRESIDENT SHALL SUBSEQUENTLY DECLARE THE VIOLATION TO HAVE BEEN EXCUSABLE. NOTHING IN THIS ACT SHALL BE CONSTRUED TO REPEAL OR MODIFY THE ACT ENTITLED "AN ACT RELATING TO THE LIMITATION OF THE HOURS OF DAILY SERVICE OF LABORERS AND MECHANICS EMPLOYED UPON THE PUBLIC WORKS OF THE UNITED STATES AND OF THE DISTRICT OF COLUMBIA" BEING CHAPTER THREE HUNDRED AND FIFTY-TWO OF THE LAWS OF THE FIFTY-SECOND CONGRESS, APPROVED AUGUST FIRST, EIGHTEEN HUNDRED AND NINETY-TWO, AS MODIFIED BY THE ACTS OF CONGRESS APPROVED FEBRUARY TWENTY-SEVENTH, NINETEEN HUNDRED AND SIX, AND JUNE THIRTIETH, NINETEEN HUNDRED AND SIX, OR APPLY TO CONTRACTS WHICH HAVE BEEN OR MAY BE ENTERED INTO UNDER THE PROVISIONS OF APPROPRIATION ACTS APPROVED PRIOR TO THE PASSAGE OF THIS ACT.

IN REPLY TO LETTERS OF THIS OFFICE REQUESTING EXPLANATION AS TO THE REASON THE STIPULATIONS OF THAT ACT WERE NOT INCLUDED IN SUCH CONTRACTS, IT IS STATED IN SECOND ENDORSEMENT OF SEPTEMBER 8, 1938, FROM THE DISTRICT ENGINEER, LOS ANGELES, CALIF., AND FOURTH ENDORSEMENT OF SEPTEMBER 26, 1938, FROM THE CHIEF OF ENGINEERS, AS FOLLOWS:

1. THE CONTRACTS REFERRED TO IN BASIC COMMUNICATION DID NOT INCLUDE STIPULATIONS IN REFERENCE TO THE EIGHT-HOUR LAW, FOR THE REASON THAT THIS OFFICE INTERPRETED PARAGRAPHS 755 AND 724, ORDERS AND REGULATIONS, TO REQUIRE SUCH STIPULATIONS ONLY IN CONNECTION WITH "PUBLIC WORKS," OR ,CONSTRUCTION" CONTRACTS.

2. IT IS THE OPINION OF THIS OFFICE THAT SERVICE CONTRACTS OF THE TYPE HERE INVOLVED DO NOT COME WITHIN THE DEFINITIONS OF CONTRACTS REQUIRING INCLUSION OF THE EIGHT-HOUR LAW STIPULATIONS, AS STATED IN PARAGRAPH 724, ORDERS AND REGULATIONS, NOT BEING CONTRACTS FOR THE CONSTRUCTION OR REPAIR OF A PUBLIC WORK, SUCH AS THE CONTRACT DISCUSSED IN 17 COMP. GEN. 937, REFERRED TO IN BASIC COMMUNICATION.

THE ACT OF JUNE 19, 1912 (37 STAT.137), EXCEPTS FROM ITS OPERATION CONTRACTS FOR SUCH ARTICLES AND MATERIALS AS MAY USUALLY BE BOUGHT IN THE OPEN MARKET, WHETHER MADE TO CONFORM TO PARTICULAR SPECIFICATIONS OR NOT, AND THE CONTRACTS REFERRED TO IN THE BASIC LETTER ARE OF THAT NATURE. THEY, THEREFORE, ARE WITHIN THE EXCEPTED PROVISIONS OF THE EIGHT-HOUR LAW.

THE REFERENCE TO PARAGRAPHS 755 AND 724, ORDERS AND REGULATIONS, IS NOT CLEAR, IT BEING PRESUMED THAT THE ORDERS AND REGULATIONS REFERRED TO ARE "ORDERS AND REGULATIONS, CORPS OF ENGINEERS, UNITED STATES ARMY.' APPEARS FROM SUCH ORDERS AND REGULATIONS ON FILE IN THIS OFFICE THAT PARAGRAPHS 724 AND 724.8, INCLUSIVE, HAVE REFERENCE EXCLUSIVELY TO CONTRACTS FOR THE PURCHASE OF COAL AND THE CONTRACT STIPULATIONS TO BE INCLUDED THEREIN, WHILE PARAGRAPHS 755 TO 755.2, INCLUSIVE, DEAL WITH DISPUTES OVER CONTRACTS, APPEALS THEREON, AND THE PREPARATION OF FINDINGS OF FACT IN SUCH CASES. NEITHER PARAGRAPH WOULD APPEAR TO BE RELEVANT TO THE INSTANT MATTER. IT APPEARS, HOWEVER, THAT PARAGRAPHS 759 TO 759.2, INCLUSIVE, OF SAID ORDERS AND REGULATIONS SET FORTH CERTAIN PRINCIPLES AS TO THE APPLICABILITY OF THE ACT OF JUNE 19, 1912, AND THE PROCEDURE TO BE FOLLOWED IN THE ADMINISTRATION OF THE ACT, BUT THERE APPEARS TO BE NO SUGGESTION IN THOSE PARAGRAPHS THAT THE STATUTE APPLIES ONLY TO "PUBLIC WORKS" OR "CONSTRUCTION" CONTRACTS, AND THERE IS NO LOGICAL BASIS FOR SUCH A VIEW IN ANY CASE.

THE ACT OF JUNE 19, 1912, SUPRA, BY ITS PLAIN TERMS APPLIES TO EVERY CONTRACT OF THE UNITED STATES OF WHATSOEVER NATURE, OTHERWISE WITHIN ITS TERMS, WHICH MAY REQUIRE OR INVOLVE THE EMPLOYMENT OF LABORERS OR MECHANICS, AND, AS STATED BY ATTORNEY GENERAL WICKERSHAM IN 29 OP.ATTY.GEN. 583, 586:

* * * THAT STATUTE WAS PASSED FOR THE PURPOSE OF ENLARGING THE SCOPE OF THE 8-HOUR LAW SO THAT IT SHOULD NOT BE CONFINED TO LABOR ON "THE PUBLIC WORKS OF THE UNITED STATES" BUT SHOULD APPLY TO ALL GOVERNMENT CONTRACTS GENERALLY. * * *

SEE, ALSO, 30 OP.ATTY.GEN. 364, IN WHICH ATTORNEY GENERAL GREGORY SAID:

THE ACT WAS INTENDED TO EXTEND THE POLICY OF THE 8-HOUR DAY FOR LABORERS AND MECHANICS EMPLOYED ON GOVERNMENT WORK--- A POLICY WHICH FOR MANY YEARS HAD BEEN IN FORCE AS TO WORKS OF CONSTRUCTION CARRIED ON BY THE GOVERNMENT, AND WHICH HAD BEEN REPEATEDLY RECOGNIZED AND DECLARED BY ACTS OF CONGRESS. * * *

THEREFORE, THE VIEW EXPRESSED IN PARAGRAPH 2 OF THE SECOND ENDORSEMENT OF SEPTEMBER 8, 1938, FROM THE DISTRICT ENGINEER, LOS ANGELES, CALIF., THAT "SERVICE CONTRACTS OF THE TYPE HERE INVOLVED DO NOT COME WITHIN THE DEFINITIONS OF CONTRACTS REQUIRING INCLUSION OF THE 8-HOUR LAW STIPULATIONS, AS STATED IN PARAGRAPH 724, ORDERS AND REGULATIONS, NOT BEING CONTRACTS FOR THE CONSTRUCTION OR REPAIR OF A PUBLIC WORK, SUCH AS THE CONTRACT DISCUSSED IN 17 COMP. GEN. 937," WOULD APPEAR TO BE MANIFESTLY ERRONEOUS, AND OUT OF LINE WITH THE ACCEPTED INTERPRETATION OF THE STATUTE. THE CONTRACTS HERE INVOLVED NOT ONLY MAY, BUT DOUBTLESS WILL, REQUIRE OR INVOLVE THE EMPLOYMENT OF LABORERS OR MECHANICS IN MANY INSTANCES AND IN THEIR NATURE ARE SQUARELY WITHIN THE CLASSES OF CONTRACTS TO WHICH THE STATUTE APPLIES.

MOREOVER, THERE DOES NOT APPEAR ANY LOGICAL SUPPORT FOR THE CONCLUSION STATED IN THE FOURTH ENDORSEMENT OF SEPTEMBER 26, 1938, FROM THE CHIEF OF ENGINEERS, THAT THE CONTRACTS ARE OF THE NATURE OF CONTRACTS FOR "SUCH ARTICLES AND MATERIALS AS MAY USUALLY BE BOUGHT IN THE OPEN MARKET" AND SO ARE WITHIN THE EXCEPTED PROVISIONS OF THE 8 HOUR LAW. THE WORDS "SUPPLIES," "ARTICLES," AND "MATERIALS" APPEARING IN THE STATUTE SHOULD, OF COURSE, BE GIVEN THEIR ORDINARY AND GENERAL ACCEPTATION. WITH RESPECT TO THE WORD "SUPPLIES" IT APPEARS THAT DURING THE DISCUSSION OF THE BILL (THE PRESENT STATUTE), PRIOR TO ITS PASSAGE BY THE CONGRESS, CONGRESSMAN HUGHES OF NEW JERSEY STATED THAT OBJECTION TO THE BILL HAD BEEN MADE BEFORE THE COMMITTEE ON THE GROUND THAT IF THE LAW WAS TO APPLY TO THE PURCHASE OF SUPPLIES "THE GOVERNMENT COULD NOT BUY CANNED TOMATOES OR CANNED PEACHES OR PEARS UNLESS THE TOMATOES, PEACHES, AND PEARS HAD BEEN CANNED UNDER THE 8 HOUR LAW; THAT THE GOVERNMENT COULD NOT PURCHASE UNIFORMS FOR SOLDIERS UNLESS THE CLOTH HAD BEEN MANUFACTURED UNDER THE TERMS AND PROVISIONS OF THE 8-HOUR LAW.' (SEE QUOTATION IN 30 OP.ATTY.GEN. 24, 29.) APPARENTLY IN RECOGNITION OF THE VALIDITY OF THAT OBJECTION, SUPPLIES-- THAT IS, SUCH ARTICLES AND MATERIALS AS THE GOVERNMENT IS ORDINARILY CALLED UPON TO PURCHASE--- WERE EXCEPTED FROM THE OPERATION OF THE ACT. IT WOULD APPEAR REASONABLE TO CONFINE THE EXCEPTION OF SUPPLIES TO SUCH ARTICLES AS THOSE ENUMERATED BY WAY OF EXAMPLE AND SIMILAR ARTICLES OF ORDINARY NEED. AS TO THE EXCEPTION OF "MATERIALS AND ARTICLES SUCH AS MAY USUALLY BE BOUGHT IN THE OPEN MARKET," ATTORNEY GENERAL GREGORY POINTED OUT IN HIS OPINION OF MAY 12, 1915, TO THE SECRETARY OF WAR, 30 OP.ATTY.GEN. 364, THAT SOME MATERIALS OR ARTICLES WERE MANUFACTURED IN STOCK OR STANDARD FORMS, SUPPLIED TO THE TRADE GENERALLY, USUALLY FOUND IN STOCK, AND BOUGHT FROM PRODUCERS OR DEALERS, AND THAT SUCH MATERIALS OR ARTICLES WERE BOUGHT AND SOLD IN THE OPEN MARKET, OR THE GENERAL MARKET, AS DISTINGUISHED FROM OTHER MATERIALS AND ARTICLES WHICH WERE NOT USUALLY BOUGHT IN THE OPEN MARKET, BUT USUALLY ORDERED TO BE MADE.

FROM THE FOREGOING IT WOULD APPEAR TO BE SELF-EVIDENT THAT THE SUBJECT CONTRACTS ARE IN NO REASONABLE SENSE CONTRACTS EITHER FOR THE PURCHASE OF SUPPLIES OR FOR SUCH MATERIALS OR ARTICLES AS MAY USUALLY BE BOUGHT IN THE OPEN MARKET. ON THE CONTRARY, THEY ARE DISTINCTLY CONTRACTS WHEREBY THE CONTRACTORS UNDERTAKE TO FURNISH THE GOVERNMENT OVER A PERIOD OF TIME, AT STIPULATED PRICES, CERTAIN SERVICES WHICH MAY INVOLVE OR REQUIRE THE EMPLOYMENT OF LABORERS OR MECHANICS, AND, THEREFORE, ARE CONTRACTS WITHIN THE REQUIREMENTS OF THE STATUTE HERE UNDER CONSIDERATION. WHILE THE SUBJECT AND SIMILAR CONTRACTS ENTERED INTO HERETOFORE WILL NOT BE QUESTIONED FURTHER BY REASON OF THE FAILURE TO INCLUDE THE STIPULATIONS REQUIRED BY THE 8-HOUR LAW OF JUNE 19, 1912, THE MATTER IS BROUGHT TO YOUR ATTENTION SO THAT THERE MAY BE TAKEN THE NECESSARY ADMINISTRATIVE ACTION FOR COMPLIANCE WITH THE STATUTORY REQUIREMENTS IN THIS RESPECT IN FUTURE CONTRACTS.