UNIVERSITY OF FLORIDA y^ 3 1262 08482 9414 Approved Code No. 244 — Supplement No. 17 Registry No. 1023—2—14 NATIONAL RECOVERY ADMINISTRATION SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE MARBLE CONTRACTING INDUSTRY (A Diyision of the Construction Industry) AS APPROVED ON AUGUST 11, 1934 %/E DO CUR PART L I » M ^ , U.S. DEPG?^TG^Y UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON: 1934 For 8i(le'%y the Superintendent of Documents, Washington, D.C. Price 5 cents This publication is for sale by the Superintenclent of Documents, Government Printing Office, AV;isliin,uton, D.C., and by district offices of the Bureau of Foreign and Domestic Commerce. DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE Atlanta, Ga. : 504 Tost Office Building. . • Birmingham, Ala.: 257 Federal Building. Boston, Mass. : ISOl Customhouse. Buffalo, N.Y. : Chamber of Commerce Building. Charleston, S.C. : Chamber of Commerce Building. Chicago, 111. : Suite 1706, 201 North Wells Street. 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Seattle, Wash. : 809 Federal Office Building, Approved Code No. 244 — Supplement No. 17 SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE MARBLE CONTRACTING INDUSTRY As Approved on August 11, 1934 ORDER Code of Fair CoMPETiTroN for the Marble Contracting Industry A DIVISION OF THE CONSTRUCTION INDUSTRY An application having been duly made pursuant to and in full compliance with the provisions of Title I of the National Industrial Recovery Act, approved June 16, 1933, and pursuant to and in full compliance with the provisions of Section 5 of Article VIII of Chapter I of the Code of Fair Competition for the Construction Industry, approved January 31, 1934, for approval of Chapter XVII of said Code, which Chapter XVII is applicable to the Marble Contracting Division of the Construction Industry, and hearings have been held thereon and the annexed report on said Code, containing findings with respect thereto, having been made and directed to the President: NOW, THEREFORE, on behalf of the President of the United States, I, Hugh S. Johnson, Administrator for Industrial Recovery, pursuant to authority vested in me by Executive Orders of the Presi- dent, including Executive Order No. 6543-A, dated December 30, 1933, and otherwise; do hereby incorporate by reference said an- nexed report and do find that said Chapter complies in all respects with the pertinent provisions and will promote the policy and purposes of said Title of said Act; and do hereby order that said Chapter XVII be and it is hereby approved and that the previous approval of said Code of Fair Competition for the Construction Industry is hereby modified to include aii approval of said Code in its entirety as supplemented by said Chapter XVIL Hugh S. Johnson, Adhni/nistrator for Industrial Recovery. Approval recommended : Geo. L. Berry, Division Administrator, Washington, D.C, August ii, 19S4. 799430 1044-61 34 1 (1) EEPORT TO THE PRESIDENT The President, The White House. Sir: This is a report on the Marble Contractinfr Chapter of the Code of Fair Competition for the Construction Industi-y, which is described as Chapter I and which was approved by you on January 31, 1934. This Chapter is a revision after a public hearing conducted in AVashington on September 8, 1933, in accordance with provisions of the National Industrial Recovery Act. This Chapter amplifies Chapter I but applies specifically to the Marble Contracting Division of the Construction Industry. PR0\1SI0iSrS FOR HOURS AND W\\GES The hours and wages set forth in Chapter I of the Construction Code as approved by you on January 31, 1934, are applicable to tiiis Code with very minor exceptions. These exceptions have to do prin- cipally with payment of wages. ECONOMIC EFFECT OF THE CODE Available statistics do not segregate employment for the stone industries, but as fully seventy per cent of all marble quarried js used in the Construction Industry, it is reasonable to suppose that this Industry is suffering practically in direct proportion to the Con- struction Industry, in which latter Industry employment is at an exceptionally low ebb. It is reasonable to predict that the establish- ment of uniform rates of pay, uniform hours of work, improved con- ditions of employment, and a prohibition of unfair trade practices will be beneficial to all of this Industry, as well as to the employees and the consumers. FINDINGS The Deputy Administrator, in his final report to me on said Marble Contracting Chapter of the Code of Fair Competition for the Construction Industry, having found as herein set forth and on the basis of all the proceedings in this matter; I find that: (a) Said Marble Contracting Chapter and said Code of Fair Com- petition for the Construction Industry, as supplemented by said Marble Contracting Chapter, are well designed to promote the poli- cies and purposes of Title I of the National Industrial Recovery Act, including removal of obstructions to the free flow of interstate and foreign commerce which tend to diminish the amount thereof and will provide for the general welfare by promoting the organiza- (2) tion of industry for the purpose of cooperative action among the trade groups, by inducing and maintaining united action of labor and management under adequate Governmental sanctions and super- vision, by eliminating unfair competitive practices, by promoting the fullest possible utilization of the present productive capacity of industries, by avoiding undue restriction of production (except as may be temporarily required), by increasing the consumption of industrial and agricultural products through increasing purchasing power, by reducing and relieving unemployment, by improving standards of labor, and by otherwise rehabilitating industry. (b) Said Industry normally employs not more than 50,000 em- ployees; and is not classified by me as a major industry. (c) Said Marble Contracting Chapter and the Code of Fair Com- petition for the Construction Industry, as supplemented by said Marble Contracting Chapter, as approved comply in all respects with the pertinent provisions of said Title of said Act, including without limitation subsection (a) of Section 3, subsection (a) of Section 7, and subsection (b) of Section 10 thereof; and that the applicant association is an industrial association truly representative of the aforesaid Industry ; and that said Association imposes no inequitable restrictions on admission to membership therein. (d) Said Marble Contracting Chapter and the Code of Fair Com- petition for the Construction Industry, as supplemented by said Marble Contracting Chapter, are not designed to and will not permit monopolies or monopolistic practices. (e) Said Marble Contracting Chapter and the Code of Fair Com- petition for the Construction Industry, as supplemented by said Marble Contracting Chapter, are not designed to and will not elimi- nate or oppress small enterprises and will not operate to discriminate against them. (f) Those engaged in other steps of the economic process have not been deprived of the right to be heard prior to approval of said Marble Contracting Chapter and of said Code, as supplemented by this Marble Contracting Chapter thereof. For these reasons, therefore, I have approved said Marble Con- tracting Chapter of the Code of Fair Competition of the Construction Industry. Respectfully, Hugh S. Johnson, Administrator. August 11, 1934. Chapter XVII SUPPLEMENTAKY CODE OF FAIR COMPETITION FOR THE MARBLE CONTRACTING DIVISION OF THE CON- STRUCTION INDUSTRY Aeticle I — Definitions Section 1. The term " Marble Contracting Division " or " this Division " as used herein is defined to mean and include the assem- bling, installing, erecting or repairing of: (a) Interior Marble in building structures, including modifica- tions thereof ; (b) Exterior Marble customarily erected by Marble Masons; (c) Such other marble or related materials as may from time to time be included under the provisions of this Chapter. Section 2. The term "Association " as used herein shall mean the National Association of Marble Dealers. Section 3. The term " Producer " as used herein means any mem- ber of the Division who quarries marble. Section 4. The term " Non-Producer " as used herein means any member of the Division who does not quarry but who finishea marble. Article II — Hours, Wages and Conditions of Employment Section 1. Exemptions from Chapter I. — The following are ex- empt from provisions of Section 2 of Article III of Chapter I of this Code relating to maxhnum hours : a) Outside salesmen and outside estimators; (b) Watchmen who may be permitted to work not in excess of fifty-six (56) hours in any week or in excess of six (6) days in any seven (7) day period; (c) Emergency Work. — Employees engaged in emergency work involving breakdowns or protection of life or property who shall be paid at an overtime rate of at least one and one-half (l^/^) times the normal rate for all hours worked in excess of the daily and/or weekly maximum; (d) Employees engaged in professional, executive or supervisory capacity regularly earning at the rate of not less than thirty-five dollars ($35.00) per week; (e) No employee shall be permitted to work more than six (6) days in any seven (7) day period. Section 2. Pay7nent of Wages. — (a) Wages due shall be payable in lawful currency or its equivalent in the form of a negotiable check, payable on demand at par. If payment is made by check, Members of the Division so paying shall make reasonable provision for cashing checks. (4) (b) Employers and their Agents shall accept no rebates, either directly or indirectly on such wages. (c) Wages shall be payable at the end of each weekly period. (d) Wages shall be exempt from any payment for pensions, insurance or sick benefits except such as is voluntarily paid or authorized to be deducted by employees. (e) The provisions of this Section regarding payment of wages at the end of each weekly period shall not apply to persons employed in executive, administrative, or supervisory capacity nor to persons emploj^ed in clerical or office work. Wages or salaries of persons noted in this paragraph shall be payable at least monthly. Super- visors are defined as those who perform no manual labor. Section 3. Employer G ompl'iance with Hours. — Any member of thQ Division shall, as far as permitted under the Act, be subject to the applicable maximum hourly limitations provided in this Code in the performance by him of manual labor or operations customarily performed by emploj^ees. Secttion 4. Safety and Health Standards. — Every employer shall make reasonable provision for the safety and health of his employees at the place and during the hours of their emplojanent. Standards for safety and health shall be submitted by the Divisional Code Authority to the Administrator within six (6) months after the effectiA'e date of this Code. Sectiox 5. Evasion-. — In no case shall a member of the Division avoid or evade the labor provisions of this Chapter by contracting his work to any person or persons subject to labor provisions less stringent than those provided in this Chapter. No member of the Division shall let solely the labor on a setting job to a workman or Avorkmen. Sectiox 6. Lhnited Capacity. — Persons whose earning capacities are limited because of age, ph^^sical or mental handicap, or other infirmit}^ may be employed on light work at a wage below the mini- mum established by this Code, if the member of the Division who is the employer thereof obtains from the State Authority, designated by the United States Deparment of Labor, a certificate authorizing such person's employment at such wages and for such hours as shall be stated in the certificate. Each member of the Division shall file monthly with the Divisional Code Authority a list of all such per- sons employed by him, showing the wages paid to, and the maximum hours of work for, such employees. The total number of said em- ploj'ees shall at no time exceed five (5) per cent of the number em- I)loyed by the particular member of the Division. Article III — Administration Section 1. Organization and Constitution of Code Authority. -~ A Code Authority is hereby constituted to administer the provisions of this Code, and shall consist of seven (7) members to be elected as follows : (a) Of four (4) members, two (2) shall be "non-producers" and members of the Association, and two (2) shall be " producers " and members of the National Association of Marble Producers, and the Association. One (1) of these four (4) members shall be the President of the Association. The members (member, if President is a producer) who are producers shall be elected by the Board of Directors of the National Association of Marble Producers, and the members (member, if President is non-producer) who are non-pro- ducers shall be elected by the Board of Directors of the Association. These members shall serve until the nest annual meeting of the As- sociation, and their successors shall be elected in the same manner. (b) One (1) member shall be elected by a majority vote of the members of the Industry within the Metropolitan District of the City of New York (which shall include Greater New York, Long Island and the territory within twenty-five (25) miles from the present New York City Hne) at a meeting, the time and place of which shall be designated by the Secretary of the Marble Industry Employers' Association of New York and vicinity. Notice of said meeting shall be sent by that Secretary within ten (10) days after the effective date of the Code by registered mail to all known members of the Industry within this area as defined above, and shall specifically state that voting at the meeting may be in person or by proxy. (c) One (1) member shall be elected by a majority vote of the members of the Industry within the Pacific Coast area (which shall include the States of California, Oregon, Washington, Idaho, Ne- vada, Utah and Arizona) at a meeting, the time and place of which shall be designated by the Secretary of the Association or other party authorized. Notice of said meeting shall be sent by the Secretary or other authorized part^ within ten (10) da3's after the effective date of the Code by registered mail to all known members of the Industry within the above defined area, and shall specifically state that voting at the meeting may be in person or by proxy. (d) One (1) member who shall be a member of the Industry but not a member of either the Association or the National Association of Marble Producers or located in either of the two (2) above speci- fied regions, shall be elected hj a majority vote of the other six (6) members of the Code Authority, shall be approved by the Admin- istrator, and shall serve until such time as the non-members of said Association shall, pursuant to a method of election satisfactory to the Administrator, elect his successor. (e) The members of the Code Authority, except the members as selected in Section 1 (a), shall serve for a period of one (1) year, or until their successors are elected. Upon any vacancy occurring in the Code Authority the vacancy shall be filled by an election by the remaining members of the Code Authority, which, however, shall maintain the representation as to producers, non-producers and areas set out in (a), (b), (c), and (d) of Section 1, except that a member elected to fill a vacancy covered by paragraph (d) shall be approved by the Administrator. Section 2. Powers atid Duties. — The Divisional Code Authority shall have in addition to the powers and duties conferred upon it by Chapter I hereof, the following powers and duties applicable to the Marble Contracting Division: (a) Commhsioixer. — To appoint an impartial Commissioner who shall serve as its Agent. Said Commissioner shall have such author- ity and perform, such fluties as herein set forth, and as the Divisional Code Authority may from time to time delegate to him ; but nothing contained herein shall relieve the Divisional Code Authority of its duties and responsibilities; (b) Trade Fraeticc Committee. — To appoint a Trade Practice Conunittee which shall meet with the Trade Practice Committees appointed under such other Codes as may be related to the Division for the purpose of formulating fair trade practices to govern the relationships between production and distribution employers under this Code and under such others to the end that such fair trade practices may be proposed to the Administrator as amendments to this Code and such other Codes; (c) Standard Forms. — To devise standard forms of proposals and contracts, which forms shall protect the rights of both buyers and sellers, and apply for the apjjroval of the Administrator and the Construction Code Authority to these forms. Secicion 3. Code Expense. — (A) It being found necessary, in order to support the administration of this Code and to maintain the standards of fair competition established by this Code and to ef- fectuate the policy of the Act, the Divisional Code Authority is authorized, subject to the approval of the Administrator : (a) To incur such reasonable obligations as are necessary and proper for the foregoing purposes and to meet such obligations out of funds which may be raised as hereinafter provided and which «hall be held in trust for the purposes of the Code ; (b) To submit to the Administrator for his approval, subject to such notice and opportunity to be heard as he may deem necessary (1) an itemized budget of its estimated expenses for the foregoing purposes, and (2) an equitable basis upon which the funds necessary to support such budget shall be contributed by members of the Division ; (c) After such budget and basis of contribution have been ap- proved by the Administrator, to determine and secure equitable con- tribution as above set forth by all members of the Division, and to that end, if necessary, to institute legal proceedings therefor in its own name. (B) Only members of the Division complying with the Code and contributing to the expense of its administration as provided in paragraph (A) hereof shall be entitled to participate in the selec- tion of the members of the Divisional Code Authority or to receive the benefit of its voluntary activities or to make use of any emblem or insignia of the National Recovery Administration. Section 4. New York Regional Committee. — (1) A Regional Com- mittee is hereby constituted to administer the provisions of this Code in the Metropolitan District of the City of New York (which shall include Greater New York, Long Island and the territory within twenty-five (25) miles from the present New York City line) and shall consist of five members to be selected as follows : (a) Three members of the Division who are members of the Mar- ble Industry Employers Association of New York and vicinity to be elected by the Executive Committee of the Marble Industry Em- ployers' Association of New York and vicinity. 79943° 1044-61 -34 2 8 (b) Two members who are also members of the Divisian to be elected b}' the members of the Division within the Metropolitan District of the City of New York, as defined above, who are not members of the Marble Industry Employers' Association of New York and vicinity. Within ten days after approval of this Division, the Secretary of the Marble Industrj^ Employers' Association of New York and vicinity shall notify every known member of the Industry within the said area, not a member of the Marble Industry Emjiloyers' xVssociation of New York and vicinity, stating a time and place for the election to take place, such election to be held within ten days thereafter, aJid stating that voting shall be in person or by proxy. The two members shall be elected by members of the Division present in person or by proxy at such meeting, by a major- ity vote of members of the Division present in person or by proxy. The method of election of said Regional Committee shall be ap- proved by the Code Authority and the Administrator. (c) Tiie Code Authority member for the Metropolitan District of the City of New York, selected in accordance with Article III, Sec- tion 1 (b) shall be one of the five members of this Regionaf Commit- tee. (2) This Regional Committee shall have the following powers and duties and such other powers and duties as may be delegated by the Code Authority and shall exercise such powers subject to review by the Code Authority, and disapproval of the Code iVuthor- (a) To appoint a Regional Commissioner who shall serve as its disinterested and impartial Agent within said district in the perform- ance of the duties delegated to the " Commissioner " under Sections 1 to 15 inclusive of Subdivision " B " of Article IV of this Code, and any additions or amendments thereto; (b) To appoint a regional trade practice committee for the pur- pose of formulating fair trade practices to govern the members of the Division within said district, to the end that such fair trade practices may be proposed to the Code Authority for approval and transmission to the Administrator for approval ; (c) To cause to be formulated an accounting system and methods of cost finding and/or estimating capable of use by all members of the Division in said district, which shall be submitted to the Code Authority for approval and transmission to the Administrator for approval. If approved by the Adfiiinistrator, full information con- cerning such methods shall be made available to all members of the Division in said district. Thereafter, each member of the Division in said district shall utilize such methods to the extent found prac- ticable. Nothing herein contained shall be construed to permit the Regional Committee, any agent thereof, or any member of the Divi- sion in said district, to suggest uniform additions, percentages, or differentials or other uniform items of cost which are designed to bring about arbitrary uniformity of costs or prices; (d) To submit to the Code Authority full and complete copies of all minutes and records and such other information as the Code Authority or the Administratoi- may require. (8) Each member of the Division in said District shall })ay an equitable j^roportion of the expenses of the Regional Committee 9 in the administration of the above provisions of this Code, and all membei's of the Division in said District shall pay his or its equitable share of the expense of maintainino- the Code Authority in the ad- ministration of this Code as provided in Section 3 of Article III, and such assessment shall make due allowance for the expense of any Code Authority activity which is performed for the Code Authority by the Regional Code Committee in the Metropolitan District of the City of New York. Section 5. Review of Acts. — If the Administrator shall deter- mine that any action of the Divisional Code Authority or any a<2;ency thereof may be unfair or unjust or contrary to the public interest, the Administrator, to the extent of his power under the Act, may require that such action be suspended to afford an opportunity for investigation of the merits of such action and further consideration by the Divisional Code Authority or agency pending final action which shall not be effective unless the Administrator approves or unless he shall fail to disapprove after thirty days' notice to him of intention to proceed with such action in its original or modified form. Article IV — Trade Practices (Subdivision A) The following practices constitute unfair methods of competition for members of the Division and constitute violations of the Code : Section 1. Breach of Contract. — ^Wilfully inducing or attempting to induce the breach of existing contracts between competitors and their customers by any false or deceptive means whatsoever, or inter- fering with or obstructing the performance of any such contractual duties or services by any such means. Section 2. Misrepresentation. — Publishing advertising (whether printed, radio, display or of any other nature), which is misleading or inaccurate in any material particular, or misrepresenting any goods (including but without limitation its use, trademark, grade, quality, quantity, origin, size, substance, character, nature, finish, jnaterial, content or preparation) of credit terms, values, policies, services, or the nature or form of the business conducted. Securing information from competitors concerning their busi- nesses by false or misleading statements or representations or by false impersonations of one in authority. Section 3. Rebates. — The secret payment or allowance of rebates, refunds, commissions, or unearned discounts, whether in the form of money or otherwise, or secretly extending to certain purchasers special services or privileges, not ei'itended to all purchasers under like terms and conditions, for the purpose of influencing a sale. (Subdivision B) The following practices are adopted as supplemental to the provi- sions entitled " Competitive Bidding Practices " set forth in Article VII of Chapter I, but apply only to members of this Division, and a violation of these ]:)ractices also constitute an unfair method of con^.petition and a violation of the Code: 10 Section 1. Sfandanl Forms. — All persons eno;aged in the Division shall use standard forms of proposals and contracts after they have been approved b}^ the Aduiiiiistrator and Construction Code Author- ity, except on I'nited States, State or Municipal proposals and con- tracts where a different form is required b}^ law, regulation or ordinance. Section 2. (a) There shall be no disclosure of competitive bids except as herein provided, or misleading or deceiving as to the amount or conditions of competitive bids, and no peddling or shop- ping as defined in Chapter I, and no ndsrepresentations as to prices. (b) All bidders on a competitive job shall submit their bona fide and final bids in the first instance and no changes shall be made for a period of ten (10) months after closing date by any bidders except those due to figuring changes in plans and specifications, and in figur- ing such changes, including separation of bids on different parts of the Avork, the same basis of unit prices and the same allowance for overhead and profit shall be used as that upon which the original bid was based. Section 3. Defnite Closing Date. — (a) Competitive bids shall be submitted only when a definite closing date, the day and the hour, has been set by the party requesting the bids, and the plans and specifications, or the request for bids, fully identify the building for which the marble work is intended. The closing date shall mean the specific hour designated for the receiving of competitive bids, as provided in Section 7, Article VII of Chapter I. In the event the bids are being received by general contractors, such bids are to be in their possession at least tAventy-four (24 hours) before the closing date, as herein defined. (b) Every bidder must immediately notify the Commissioner, by wire if necessary, of the closing date named in the request for a bid. If different closing dates are named, the Commissioner shall ascer- tain the correct closing date, and notify the respective bidders accordingly. (c) Every bidder on a job shall prepare a carbon copy of his bid and send it to the Commissioner. This copy must be a true carbon copy of the actual bid, but must contain also a list of the names of all parties to whom it has been submitted. If other than marble work (including only marble and marble tile) is included in the bid, the marble bid shall be separately stated in the hid itself. (d) The copy for the Commissioner shall be mailed not later than the deliveiy or mailing of the bid to the party requesting the bid, and in any case, not later than twenty-four (24) hours before the closing date. In cases where strict compliance with this rule is im- possible, all the essential facts and the amount of the bid shall be filed in the telegraph office for transmission by wire to the Commis- sioner not later than tw^enty-four (24) hours before the closing date. (e) Copies of all bids sent to the Commissioner shall be enclosed in an envelope which plainly indicates that they are bids on the particular job. The Commissioner shall not open them until the day after the closing date. (f) In case a closing date is changed by the party requesting bids, every marble bidder learning of it shall immediately notify 11 the Commissioner by telegraph or telephone, if necessary, who shall immediately notify all prospective bidders by telegraph or telephone, if necessary. (g) Bids shall be withheld until adequate time is allowed for th3 preparation of intelligent bids, and prospective bidders shall notify the Commissioner of their action and their reason therefor. Section 4. Limiting Amount. — The provisions in the above Sec- tion 3 of this Article shall apply to all bids amounting to Ono Thousand Dollars ($1,000) or more. Section 5. Invitation to Bid. — Any member of the Division in- vited and intending to submit either a formal bid or a preliminary estimate on a contract likely to amount to One Thousand Dollars ($1,000) or more, shall immediately report the fact to the Commis- sioner, giving the name of the building, architect, and general contractor. He shall also report the closing date, if any, established by the party requesting the bid, or in the case of a preliminaiy estimate, the date when the same is desired. No bid or preliminary estimate shall be made by members of the Division on a set of plans or specifications, or other information, which do not completely identify the building. Section 6. Preliniinary Estimates. — Any member of the Division submitting a preliminary estimate on a contract amounting to One Thousand Dollars ($1,000) or more, shall send to the Commissioner a carbon copy thereof, together with the names of all parties to whom it has been submitted. Preliminary estimates shall be plainly marked as such. Section 7. Non-Competitive Bids. — (a) Anyone submitting what he understands to be a non-competitive bid, shall forward a carbon copy thereof to the Commissioner, together with the name of the party to whom submitted and a statement that the bid is non-com- petitive. Should no other bids on the same job be received, the Commissioner shall keep the whole matter confidential, but should other bids on the same job be received, the Commissioner shall notify all the bidders of the facts excluding any information which is herein prevented from being disclosed in connection with competi- tive bids, and the matter shall be treated as a case of competitive bidding. (b) A continuous non-competitive negotiation without a bid, culminating in the definite award of a contract, shall not be subject to the requirements of the foregoing paragraph (a) but the facts of the award and the amount of the contract shall be reported to the Commissioner. (c) Bids submitted to general contractors prior to the award of the general contract, shall in no case be regarded as non-competitive No bid submitted to more than one (1) party shall be regarded as non-competitive. Section 8. iTisuring Bona-Fide C om^petition. — Prior to the clos- ing date, the Commissioner shall withhold from all persons what- soever any information as to the actual or prospective bidders on any job. Section 9. Distribution of Bids to Bidders. — The Commissioner shall prepare a schedule of all the bids received on any competitive 12 job, showing amounts of bids, names of bidders and names of those to whom each bid has been submitted. This information shall be complete in all details, including amounts named on all alternates. On the day after the closing date, "or as soon thereafter as possible, a copy of this schedule shall be mailed to every bidder who has complied with the provisions for bidding, and to no one else. This information shall not be given to anyone who is not one of the bidders, nor to any other person, except the bidders described and the Administrator, if he so requests. Preliminary estimates shall be kept confidential and shall not be distributed. Section 10. Certain Alternative Bids Not To Be Disclosed. — ■ "When a bidder submits an alternative bid and no other alternative bid is submitted on the same material, the facts of the submission of this bid and the name of the bidder shall be disclosed to the other bidders, but the amount thereof shall not be disclosed. This alternative bid shall be treated in the same way as a single bid. Section 11. A Single Bid Does Not Constitute Covipetition. — Where competitive bids are asked for and only one is received, there is no competition, and if the party requesting the bids asks for additional ones, additional bids may be submitted on a new closing date as though no bidding had occurred. Section 12. Accepting Contracts After Competitive Bidding. — (a) At any time after the closing date, any bidder shall be free to accept a contract for the marble work concerned on the basis of his bid as submitted. All bidders shall be free to give the person who has the letting of the contract, figures for omissions, additions and changes ; all, however, to be figured on the same basis as that used in preparing their bids. If a contract is awarded on a competitive job after negotiations of this sort, or on the basis of an alternative bid not disclosed, the bidder receiving the contract shall immediately send a certified copy of the contract to the Commissioner, and shall certify that the changes have been figured on the same basis as his bid. (b) If no changes have been made, and the contract is awarded at the total amount of one of the bids, the successful bidder shall immediately report the facts to the Commissioner. After the marble work has been awarded, the successful bidder shall send a cer- tified copy of the contract to the Commissioner. (c) The Commissioner shall compare copies of contracts with the bids on which such contracts are based, and report to the Divisional Code Authority any material variation from the terms thereof. Section 13. Reporting Award of Contract to Bidders. — After the contract on any job has been awarded, the Commissioner shall re- port to all the bidders, all the essential facts pertaining thereto, and shall then disclose to the bidders, the amounts of any alterna- tive bids previously kept confidential in accordance with Section 10 of this Article. Section 14. Withdravxil of Bids. — (a) Bidders may state in their bids the time limit after the closing date within which the bid must be acted upon and no bidder shall withdraw his bid, except as herein provided, within such time limit. In case no such time 13 limit is stated within the bid, no bidder shall withdraw his bid for a period of thirty (30) days after the closing date. (b) Exceptians. — A bona-fide error shall be grounds for with- drawal of bids, provided that in cases of bidding to general con- tractors, or the equivalent thereof, notice of withdrawal must be delivered to all persons to whom such bids were sent at least four (4) hours in advance of the closing date (day and hour) appli- cable to general contractors' bids, and a bid so withdrawn shall not be replaced with another bid. Section 15. New Bidding on Revised Plans and SpecifiGations. — Except as provided in Section 12, bids shall not be submitted on the same plans and specifications for a period of ten (10) months after the closing date, and after a set of competitive bids has been submitted; but if bids are rejected, and new bids invited on revised plans and specifications, the following provisions shall apply with respect to the submission of bids by members of the Division: (a) If the revisions are in quantities of marble only, and the total change does not amount to more than twenty-five (25) per cent of the total quantity of marble originally called for, no member of the Division who did not submit a bid on the original plans and specifications shall bid upon such revised plans and specifications; (b) If the revisions involve changes in the kind of marble only and such revisions do not involve changing more than twenty-five (25) per cent of the quantity originally called for, no member of the Division who did not submit a bid on the original plans and specifications shall bid upon such revised plans and specifications; (c) If quantities are changed, and the kinds of marble are also changed, and if the sum of the changes does not amount to more than twenty-five (25) per cent of the quantity of marble called for. no member of the Division who did not submit a bid on the original plans and specifications shall bid upon such revised plans and specifications ; (d) When bids are submitted on revised plans and specifications, involving changes in the kind of marble, if a kind of marble called for in the plans and specifications previously bid upon is included in the revised plans and specifications as an alternate, without changes in quantities thereof amounting to twenty-five (25) per cent or more, no member of the Division who did not submit a bid on such kind of marble in the original plans and specifications shall submit a bid on such kind of marble so included in the revised plans and specifications as an alternate, provided that this rule shall not apply unless the description contained in the original plans and specifications of the marble in question is specific as to grade. A mere general specification of a marble from a given locality, where a number of grades and kinds are produced, shall not be sufficient to make this rule operative. Section 16. Original Bidders. — Except as provided in Section 15, for a period of ten (10) months after the closing date members of the Division who originally submitted bids shall be the only ones permitted to submit bids on the same job to any additional contractors, and those bids shall be not lower than the ones origi- nally submitted. 14 Section" 17. Joint Bids. — Where two or more bidders submit a cooperative bid on a job, this bid shall be plainly marked as such and contain the names of all the concerns interested in it. Each one of them may also bid individually if he so desires. Section 18. Joh Reduced to Less than $lfiOO. — ^Yliere any job reported as over One Thousand Dollars ($1,000) is subsequently revised to less tlxan that figure, the facts shall be reported (by the member of the Division so figuring) to the Commissioner to com- plete the record. Article V — Uniform Accounting System The Divisional Code Authority shall cause to be formulated an accounting system and methods of cost finding and/or estimating capable of use by all members of the Division. After such sj^^stem and methods have been formulated and approved by the Admin- istrator, full details concerning them shall be made available to all members. Thereafter, all members shall determine and/or esti- mate costs in accordance with the principles of such methods. Article VI — ^Allowable Costs Section 1. A member of the Division shall not sell or offer to sell labor, materials and/or services, or submit a bid, or accept an order or" contract, below the allowable cost thereof. Section 2. The Divisional Code Authority shall determine which items of cost (as defined in Article V) shall be included in, and a method and/or formula for the determination of, allowable cost. Such determination shall be approved by the Administrator before becoming effective. Section 3. Until such time as such items and method and/or formula shall have been determined and approved as provided in Section 2 of this Article and allowable cost defined, allowable cost shall be the sum of a bona fide estimate of the following items : (A) Materials; (B) Labor and Supervision at the site; (C) Job Expense, which shall include: (a) Drafting; (b) Transportation of Materials; (c) Railroad fare (or equal) and/or hotel expense, if any, neces- sary to operation at the site; (d) Municipal permits, inspection fee, if any; (e) Insurance; (f) Repairs and maintenance of tools and equipment while ac- tually used on the job; (g) Breakage and replacements of materials; (h) Other expenditures at the job. (D) Allowance of not less than ten (10) per cent of the sum of A, B and C, as above, for overhead, selling and administrative expense. (E) For the purpose of this temporary allowable cost determina- tion nothing shall be included for depreciation on unused facilities, 15 interest on indebtedness, interest on investment, or for selling ex- pense other than included in Item D. (F) It shall be a defense to any charge of violation of this Section if the party charged shall satisfy the Administrator that his bid was not less than the bona fide estimate of said allowable cost of any other member of the Division who submitted a bid in the compe- tition in which the offense is charged. Article VII — Posting All members of the Division shall post and keep posted copies of this Code (Chapter I and this Chapter) in conspicuous places acces- sible to all employees. Every member of the Division shall comply with all rules and regulations relative to posting of provisions of codes of fair competition which may from time to time be prescribed by the Administrator. Article VIII — Registration of Members of the Division Each member of this Division within thirty (30) days after the effective date of this Chapter, shall register with the Divisional Code Authority. All members of this Division who shall be within the Marble Contracting Division thereafter shall likewise register with the Divisional Code Authority. Registration of the members of this Division shall include the full name and mailing address of such member. Application may be made by the Divisional Code Au- thority to the Administrator for an extension of the time limit for registration by any member of this Division if it appears that the time limit as provided herein may cause injustice or undue hardship to any member of this Division. Article IX — Reference to Pro\t:sions of Chapter I The provisions of Sections 7 (a) and 10 (b) of the Act, which are set forth in Sections 1 and 6, respectively, of Article VIII of Chapter I of this Code, are specifically incorporated herein by reference with the same force and effect as if set forth herein in full ; all other pro- visions of Chapter I of this Code, except as herein provided, apply within the Division with the same force and effect as if set forth, herein in full. Article X — Modification Subject to the provisions of Section 2 (c) of Subdivision B of Article IV of Chapter I of this Code, the provisions of this Chapter, except as to provisions required by the Act, may be modified on the basis of experience or changes in circumstances, such modifications to be based upon application to the Administrator, and such notice and hearing as he shall specify, and to become effective on his approval. 16. Article XI — Effective: Date This Chapter shall become effective within the Division on the tenth (10th) day after the approval of this Chapter, pursuant to the Act. Approved Code No. 244 — Supplement No. 17. Eegistry No. 1023-2-14. O