328 LAWS APPLICABLE TO DEPARTMENT OF AGRICULTUBE. 



with report to the proper officer of the United States, or of anj 

 Territory, or of the District of Columbia, all violations of the pro- 

 visions 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 j)ermitted to labor in violation of such stipulation and 

 the (lav of such violation, and the amount of the penalties imposed 

 acc<>rdiii<r to the stipulation in any such contract shall be directed 

 to be withheld for the use and benefit of the United States, the Dis- 

 trict of Columbia, or the Territory contracting by the officer or 

 person whose duty it shall be to apjirovc ihe 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 con- 

 tractor 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 con- 

 tract on behalf of the United States or the Territory, and in the 

 case of a contract made by the District of Columbia to the Commis- 

 sioners thereof, who shall have power to review the action imposing 

 the penalty, and in all such apj^eals from such final order whereby 

 a contractor or subcontractor may be aggrieved by the imposition 

 of the jjenalty hereinbefore provided such contractor or subcontractor 

 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. 



Act not to apply to contracts for transportation, or the transmission of intelli- 

 gence or purchase of supplies; penalties not to be imposed for violations 

 due to extraordinary events or conditions or emergencies; act August 1, 

 1892, c. 352. not repealed or modified. 



Skc. 2. That nothing in this Act shall apply to contracts for trans- 

 portation by land or water, or for the transmission of intelligence, or 

 for the purchase of supplies by the Government, whether manufac- 

 tured to conform to particular specifications or not. or for such mate- 

 rials or articles as may usiuilly be bought in open market. * * * 

 whether made to conform to particular specifications * * * Pro- 

 ruJ<<J, That all classes of work which have been, are now, or may 

 hereafter be ])erformed by the (lovernnu-nt shall, when done by con- 

 tract, by individuals, firms, or corporations for or on behalf of the 

 United States or any of the Territories or the District of Columbia, 

 l)e )M'rforuM'«l in accordance with the terms and provisions of section 

 oiu' of this .Vet. * * * Xo penalties shall be imposed for any 

 violation of such provision in such contract due to any extraordinary 

 events or conditicms of manufacture, or to any emergency caused by 

 fire, famine, or flood, by danger to life or to |)roperty. or by other 

 extraordinary event or condition on account of which the President 

 shall subse(|uently declare the violation to have been excu.sable. 

 Nothing in this Act shall be c<mstrued to repeal or modify the Act 

 entitled ".\n .\ct relating to the limitation of the hour> of daily 

 service of laborers and mechanics employed upon the i)ublic works 

 of (he Uniteil States and of the District of Columbia " being chai)ter 

 three hundred and fifly-two of the laws of the Fifty-.second Congress, 

 approved .Vugust tirst, eightiHMi hundred and ninety-two, =•= * * 

 or apply to contracts which have been or niav be entered into under 



il 

 II 



