UNIVERSITY OF FLORIDA
H1II BI11 1 I HTII [IIIII IIH UIIII III1 IIIWITIII1 l
3 1262 08482 9414
Approved Code No. 244-Supplement No. 17
Registry No. 1023-2-14
NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
(A Division of the Construction Industry)
AS APPROVED ON AUGUST 11, 1934
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Approved Code No. 244-Supplement No. 17
SUPPLEMENTARY CODE OF FAIR COMPETITION
MARBLE CONTRACTING INDUSTRY
As Approved on August 11, 1934
CODE OF FAIR COMPETITION 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 afn approval of said Code
in its entirety as supplemented by said Chapter XVII.
HUGH S. JOHNSON,
Administrator for Industrial Recovery.
GEO. L. BERRY,
August 11, 1934.
REPORT TO THE PRESIDENT
The White House.
SIR: This is a report on the Marble Contracting Chapter of the
Code of Fair Competition for the Construction Industry, which is
described as Chapter I and which was approved by you on January
This Chapter is a revision after a public hearing conducted in
Washington 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.
PROVISIONS FOR HOURS AND WAGES
The hours and wages set forth in Chapter I of the Construction
Code as approved by you on January 31, 1934, are applicable to this
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 is
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.
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-
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
(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
HUGH S. JoHNsoN,
AUGUST 11, 1934.
SUPPLEMENTARY CODE OF FAIR COMPETITION FOR
THE MARBLE CONTRACTING DIVISION OF THE CON-
ARnTCLE I-DEFI NrIONS
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-
(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 finishes
ARTICLE II-HoURS, WAGES AND CONDITIONS OF EMPLOYMENT
SECTION 1. Excmptions from Chapter I.-The following are ex-
empt from provisions of Section 2 of Article III of Chapter I
of this Code relating to maximum hours:
Sa) 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 (1/2) times
the normal rate for all hours worked in excess of the daily and/or
(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. Payminnt 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
(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
employed 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 Compliance with Hours.-Any member of
the 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 employees.
SECTION 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 employment. Standards
for safety and health shall be submitted by the Divisional Code
Authority to the Administrator within six (6) months after the
effective date of this Code.
SECTION 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
SECTION 6. Limited Capacity.-Persons whose earning capacities
are limited because of age, physical or mental handicap, or other
infirmity, 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-
ployees shall at no time exceed five (5) per cent of the number em-
ployed by the particular member of the Division.
A TICLE III-ADM INISTRATION
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
(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 next 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 line) 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 party within ten (10) days 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 by 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 and 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) Commissioner.-To appoint an impartial Commissioner who
shall serve as its Agent. Said Commissioner shall have such author-
ity and perform.,such duties 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 Practice Com.mittee.-To appoint a Trade Practice
Committee 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 fai- 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 For-,ms.-To devise standard forms of proposals and
contracts, which forms shall protect the rights of both buyers and
sellers, and apply for the approval of the Administrator and the
Construction Code Authority to these forms.
SECTION 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
shall 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 supportt such budget shall be contributed by members of tihe
(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 therefore in its
(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 Conmmittec.-(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.
(b) Two members who are also members of the Divisieo to -be
elected by 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 Industry Employers' Association o
New York and vicinity shall notify every known member of the
Industry within the said area, not a member of the Marble Industry.
Employers' Association 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, and 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) The 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 Regional Commit-
(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 Author-
(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 CommisVioner" 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 Administrator, 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 Administrator may require.
(3) Each member of the Division in said District shall pay an A
equitable prolportion of the expenses of the Regional Committee a
ina the administration of the above provisions of this Code, and all
members of the Division in said District shall pay his or its equitable
share of the expense of maintaining 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.
SECTON 5. Re-view of Acts.-If the Administrator shall deter-
mine that. any action of the Divisional Code Authority or any agency
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
ARTICLE IV-TRADE PRACTICES
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. Misreplresentation.-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,
material, 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, comunissions, or unearned discounts, whether in the form of
money or otherwise, or secretly extending to certain purchasers
special services or privileges, not extended to all purchasers under
like terms and conditions, for the purpose of influencing a sale.
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 practices also constitute an unfair method of
competition and a violation of the Code:
SECTION 1. Standard Forms.-All persons engaged in the Division
shall use standard forms of proposals and contracts after they have
been approved by the Administrator and Construction Code Author-
ity, except on United States, State or Municipal proposals and con-
tracts where a different form is required by law, regulation or
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 misrepresentations 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 work, the same basis of unit prices and the same allowance for
overhead and profit shall be used as that upon which the original bid
SECTION 3. Defn.ite 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 twenty-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 Commnissioner shall ascer-
tain the correct closing date, and notify the respective bidders
(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 bid itself.
(d) The copy for the Commissioner shall be mailed not later than
the delivery 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 twenty-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
the Commissioner by telegraph or telephone, if necessary, who shall
immediately notify all prospective bidders by telegraph or telephone,
(g) Bids shall be withheld until adequate time is allowed for the
preparation of intelligent bids, and prospective bidders shall notify
the Commissioner of their action and their reason therefore.
SECTION 4. Limiting Amnount.-The provisions in the above Sec-
tion 3 of this Article shall apply to all bids amounting to One
Thousand Dollars ($1,000) or more.
SECTION 5. Ir aviation 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 preliminary
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. Prelicninary Estimrates.-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
(b) A continuous non-competitive negotiation without a lidl,
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
(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
SECTION 8. Insuring Bona-Fide Competition.-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
SECTION 9. Distribution of-Bids to Bidders.-The Commissioner
shall prepare a schedule of all the bids received on any competitive
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 .ot 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 Constitut e Competition.-
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
(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
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. Wlithd'rau'al 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
limit is stated within the bid, no bidder shall withdraw his bid
for a period of thirty (30) days after the closing date.
(b) Exceptions.-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 Biddnig on Revised Plans and Specficlaiion..-
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
(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-
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. Job Reduced to Less than $1,000.--VWhere any job
reported as over One Thousand Dollars ($1,000) is subsequently
revised to less than 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-UNIFORMo ACCOUNTING SYSTEM
The Divisional Code Authority shall cause to be formulated an
accounting system and methods of cost finding andor estimating
capable of use by all members of the Division. After such system
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---JI OWABLE 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
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:
(B) Labor and Supervision at the site;
(C) Job Expense, which shall include:
(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;
(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
(E) For the purpose of this temporary allowable cost determina-
tion nothing shall be included for depreciation on unused facilities,
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.
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 PROVISIONS OF CHAPTER I
The provisions of Sections 7 (a) and 10 (b) of the Act, which are
set forth in Sect ions 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.
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
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
Approved Code No. 244-Supplement No. 17.
Registry No. 1023-2-14.