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within the lease. Each lease shall contain provisions for the purpose of insuring the exercise of reasonable diligence, skill, and care in the operation of said property; a provision that such rules for the safety and welfare of the miners and for the prevention of undue waste as may be prescribed by said Secretary shall be observed, including a restriction of the workday to not exceeding eight hours in any one day for underground workers except in cases of emergency; provisions prohibiting the employment of any boy under the age of sixteen or the employment of any girl or woman, without regard to age, in any mine below the surface; provisions securing the workmen complete freedom of purchase; provision requiring the payment of wages at least twice a month in lawful money of the United States, and providing proper rules and regulations to insure the fair and just weighing or measurement of the coal mined by each miner, and such other provisions as he may deem necessary to insure the sale of the production of such leased lands to the United States and to the public at reasonable prices, for the protection of the interests of the United States, for the prevention of monopoly, and for the safeguarding of the public welfare: Provided, That none of such provisions shall be in conflict with the laws of the State in which the leased property is situated.

MERCHANT MARINE ACT, 1936 94 SEC. 806. * * * (c) In addition to the punishment prescribed in subsection (a) of this section, any person or corporation convicted of a misdemeanor under the provisions of this Act shall be ineligible, at the discretion of the Secretary of Commerce, to receive any benefits under titles V and VI of this Act, or to receive a charter under title VII of this Act, for a period of five years after conviction.

CONTRACTS FOR CARRYING THE MAIL, R.S. 3950 95 Sec. 3950. No contract for carrying the mail shall be made with any person who has entered, or proposed to enter, into any combination to prevent the making of any bid for carrying the mail, or who has made any agreement, or given or performed, or promised to give or perform, any consideration whatever to induce any other person not to bid for any such contract; and if any person so offending is a contractor for carrying the mail, his contract may be annulled; and for the first offense the person so offending shall be disqualified to contract for carrying the mail for five years, and for the second offense shall be forever disqualified.

PUBLIC, No. 81, SIXTY-FOURTH CONGRESS 96

(Relating to bids for carrying of mail) Sec. 7. That whenever in the judgment of the Postmaster General the bids received for any star route are exorbitant or unreasonable, or whenever he has reason to believe that a combination of bidders has been entered into to fix the rate for star-route service, the Postmaster General be, and he is hereby, authorized, out of the appropriation for inland transportation by star routes, to employ and use such means or methods to provide the desired service as he may deem expedient, without reference to existing law or laws respecting the employment of personal service or the procurement of conveyances, materials, or supplies.

94 Act of June 29, 1936, Title VIII, sec. 806(c), 49 Stat. 2014; 46 U.S.C. 1228; Public Law 835, 74th Cong. See supra, p. 49 and footnotes 74 and 76 thereunder.

96 17 Stat. 314 ; 39 U.S.C. 432 ; 420 Cong. (1872). 96 39 Stat. 161; 39 U.S.C. 433 (1916).

PUBLIC LAW 772, EIGHTIETH CONGRESS 97

(Postal Supply Contracts) No contract for furnishing supplies to the Post Office Department or the postal service shall be made with any person who has entered, or proposed to enter, into any combination to prevent the making of any bid for furnishing such supplies, or to fix a price or prices therefor, or who has made any agreement, or given or performed, or promised to give or perform, any consideration whatever to induce any other person not to bid for any such contract, or to bid at a specified price or prices thereon.

Whoever violates this section shall be fined not more than $5,000 or imprisoned not more than one year, or both; and if the offender is a contractor for furnishing such supplies his contract may be annulled.

PUBLIC LAW 1028, EIGHTY-FOURTH CONGRESS 98 (Manufacture in United States plants under certain circumstances)

The President may construct or manufacture at any plant owned and operated by the United States any naval aircraft, or the engines, spare parts, or equipment for any such aircraft, if it reasonably appears that the persons, firms, or corporations, or the agents thereof, who are bidding on the construction or manufacture of any of these items

(1) have entered into a combination, agreement, or understanding, the effect or purpose of which is to deprive the United States of fair, open, and unrestricted competition in letting contracts for the construction or manufacture of any of the aircraft, engines, spare parts, or equipment; or

(2) being solely or peculiarly in position to construct, manufacture, or furnish the particular type or design of aircraft, engines, spare sparts, or equipment required by the Department of the Navy, have named a price in excess of cost of production plus a reasonable profit as provided in section 2382 of this title.

97 62 Stat. 704 ; 18 U.S.C. 441 (1948).

98 Aug. 10, 1956, Public Law 1028, 84th Cong., ch. 1041, 2d sess. ; 70A Stat. 454, 10 U.S.C. 7343. Formerly contained in 34 U.S.C_495, 48 Stat. 503. Title 34 was repealed generally by Act of Aug. 10, 1956, ch. 1041, 70A Stat 1, which revised and codified the statutory provisions relating to Army, Navy, Air Force, and Marine Corps and enacted those provisions into law as Title 10, Armed Forces. (70A Stat. 454.) Essential antitrust features of section now contained in 10 U.S.C. 7343.

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tor or any

SEC. 207.100 (a) Except as provided by subsection (c), no executive agency shall dispose of any plant, plants, or other property to any private interest until such agency has received the advice of the Attorney General on the question whether such disposal would tend to create or maintain a situation inconsistent with the antitrust laws. Whenever any such disposal is contemplated by any executive agency, such agency shall transmit promptly to the Attorney General notice of such proposed disposal and the probable terms or conditions thereof. If such notice is given by any executive agency other than the General Services Administration, a copy of such notice shall be transmitted simultaneously to the Administrator. Within a reasonable time, in no event to exceed sixty days, after receipt of such notification, the Attorney General shall advise the Administrator and any other interested executive agency whether, so far as he can determine, the proposed disposition would tend to create or maintain a situation inconsistent with the antitrust laws. (b) Upon request made by the Attorney General, the Administraother executive agency

shall furnish or cause to be furnished to the Attorney General such information as the Administrator or such other executive agency may possess which the Attorney General determines to be appropriate or necessary to enable him to give the advice required by this section, or to determine whether any other disposition or proposed disposition of surplus property violates or would violate any of the antitrust laws. (c) This section shall not apply to the disposal of,

(1) real property if the aggregate amount of the original acquisition cost of such property to the Government and all capital expenditures made by the Government with respect thereto is less than $1,000,000; or

(2) personal property (other than a patent, process, technique, or invention) with an acquisition cost of less than $3,000,000. (d) Nothing contained in this Act shall impair, amend, or modify any of the antitrust laws or limit or prevent the application of any such law to any person who acquires in any manner any property under the provisions of this Act.

As used in this section, the term “antitrust laws” includes the Act of July 2, 1890 (ch. 647, 26 Stat. 209), as amended; the Act of October 15, 1914 (ch. 323, 38 Stat. 730), as amended; the Federal Trade Commission Act (38 Stat. 717), as amended; and sections 73 and 74 of the Act of August 27, 1891 (28 Stat. 570), as amended.

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99 63 Stat. 391 ; title II, sec. 207, 40 U.S.C. 488; Public Law 152, 81st Cong., amended 72 Stat. 966–7 ; Public Law 85-800 (1958).

100 40 U.S.C. 488, as amended, Aug. 19, 1958; 72 Stat. 631 ; Public Law 85-680. Substance formerly in sec. 20 of Surplus Property Act of 1944. Sec. 105 of the above act abolished the War Assets Administration, and transferred the functions of the War Assets Administrator to the Administrator of General Services.

TITLE III-PROCUREMENT PROCEDURE 101

DECLARATION OF PURPOSE

Sec. 301.102 The purpose of this title is to facilitate the procurement of supplies and services.

APPLICATION AND PROCUREMENT METHODS

* * 103

SEC. 302. * (b) It is the declared policy of the Congress that a fair proportion of the total purchases and contracts for supplies and services for the Government shall be placed with small-business concerns.

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SEC. 2301. DECLARATION OF POLICY

'It is the policy of Congress that a fair proportion of the purchases and contracts made under this chapter be placed with small business

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Sec. 2304. (a) 105 Purchases of and contracts for property or services covered by this chapter shall be made by formal advertising. However, the head of an agency may negotiate such a purchase or contract, if

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(15) the purchase or contract is for property or services for which he determines that the bid prices received after formal advertising are unreasonable as to all or part of the requirements,

or were not independently reached in open competition, *** Sec. 2305. * * *

(d) 106 If the head of the agency considers that any bid received after formal advertising evidences a violation of the antitrust laws, he shall refer the bid to the Attorney General for appropriate action.

MILITARY CONSTRUCTION AUTHORIZATION ACT, 1965 107 Sec. 605.108 Contracts for construction made by the United States for performance within the United States and its possessions under this Act shall be executed under the jurisdiction and supervision of the Corps of Engineers, Department of the Army, or the Bureau of Yards and Docks, Department of the Navy, unless the Secretary of Defense determines that because such jurisdiction and supervision is wholly

101 Title III is codified in 41 U.S.C. 251 ff.

102 41 U.S.C. 251, Act of June 30, 1949, title III, 63 Stat. 393, as amended July 12, 1952, sec. 1 (m), 66 Stut. 594.

103 41 U.S.C. 252, Act of June 30, 1949, title III, 63 Stat. 393, as amended, Aug. 28, 1958, Public Law 85-800, secs. 1-3, 72 Stat. 966. Implemented in Executive Order No. 10936. Apr. 25, 1961, 26 F.R. 3555.

104 70A Stat. 127, Aug. 10, 1956 ; 10 U.S.C. 2301, 2304-2305 ; Public Law 1028, 84th Cong: ; 78 Stat. 341, Public Law 88-390 (1964).

100. As amended Sept. 10, 1902, Public Law 87-653, par. (a), 76 Stat. 528; 10 U.S.C. 2304a.

100 Formerly subsec. (c), redesignated (d) by Public Law 85-861, sec. 1(44) (A), 72 Stat. 1457.

107 78 Stat. 341, Public Law 88-390, sec. 605 (1964).

208 78 Stat. 362 Title VI, Public Law 88-390 (not codified, usually accompanies recurring appropriation act).

impracticable such contracts should be executed under the jurisdiction and supervision of another department or Government agency, and shall be awarded, insofar as practicable, on a competitive basis to the lowest responsible bidder, if the national security will not be impaired and the award is consistent with chapter 137 of title 10, United States Code. Regulations issued by the Secretary of Defense implementing the provisions of this section shall provide the department or agency requiring such construction with the right to select either the Corps of Engineers, Department of the Army, or the Bureau of Yards and Docks, Department of the Navy, as its construction agent, providing that under the facts and circumstances that exist at the time of the selection of the construction agent, such selection will not result in any increased cost to the United States. The Secretaries of the military departments shall report semiannually to the President of the Senate and the Speaker of the House of Representatives with respect to all contracts awarded on other than a competitive basis to the lowest responsible bidder.

MILITARY CONSTRUCTION AUTHORIZATION ACT, 1964 109 SEC. 605.110 Contracts for construction made by the United States for performance within the United States and its possessions, under this Act shall be executed under the jurisdiction and supervision of the Corps of Engineers, Department of the Army, or the Bureau of Yards and Docks, Department of the Navy, unless the Secretary of Defense determines that because such jurisdiction and supervision is wholly impracticable such contracts should be executed under the jurisdiction and supervision of another department or Government agency, and shall be awarded, insofar as practicable, on a competitive basis to the lowest responsible bidder, if the national security will not be impaired and the award is consistent with chapter 137 of title 10, United States Code. The Secretaries of the military departments shall report semiannually to the President of the Senate and the Speaker of the House of Representatives with respect to all contracts awarded on other than a competitive basis to the lowest responsible bidder.

COMMUNICATIONS ACT OF 1934

APPLICATION OF ANTITRUST LAWS; REFUSAL OF LICENSES AND PERMITS IN

CERTAIN CASES

SEC. 313.111 (a) All laws of the United States relating to unlawful restraints and monopolies and to combinations, contracts, or agreements in restraint of trade are declared to be applicable to the manufacture and sale of and to trade in radio apparatus and devices entering into or affecting interstate or foreign commerce and to interstate or foreign radio communications. Whenever in any suit, action, or proceedings, civil or criminal, brought under the provisions of any of said laws or in any proceedings brought to enforce or to review find

109 77 Stat. 307, Public Law 88-174, sec. 605 (1963). 110 77 Stat. 328, Public Law 88–174, Title VI (1963).

111 Amended, Sept. 13, 1960, Public Law 86-752. Sec. 5(b), 74 Stat. 893, 47 U.S.C. 313, so as to designate existing provisions as subsec. (a) and add subsec. (b), the language of which was previously contained in sec. 311 of the Act, repealed by the same Act, sec. 5 (a).

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