UNIVERSITY OF FLORIDA

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 Division of the Construction Industry)

AS APPROVED ON AUGUST 11, 1934

WE Do CUR PARr

UNITED STATES

GOVERNMENT PRINTING OFFICE

WASHINGTON: 1934

For Slelby the Superintendent of Documents, Washington, D.C. - -- - - - - - -Price 5 centa
This publication is for sale by the Superintendent of Documents, Government

Printing Otfice, W: hington, D.C., and by district offices of the Bureau of

Foreign and Doimestic Commerce.

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE

Atlanta, Ga.: 504 Post Office Building.

Birmingham, Ala.: 257 Federal Building.

Boston, Mass. : 1801 Customhouse.

Pluffailo, N.Y.: Chamber of Commerce Building.

Cliarleston, S.C.: Chnmber of Commerce Building.

Chica o, Ill.: Suite 1706, 201 North Wells Street.

Clcvt in;, Ohio: Chamber of Commerce.

Dailas, Tex.: Chamber of Commerce Building.

D1)tr it, Mich.: S01 First National Bank Building.

Ios on, Tex.: Chamber of Commerce Building.

Indianapolis, Ind.: Chajiber of Conmerce Building.

Jauksoivillo, Fla.: Chamber of Commerce Building.

Kansas Cty, Mi.: 1028 Baltimore Avenue.

Los Ai nges, Calif.: 11(13 South Broadway.

Louisvill', Ky.: 408 Federal Building.

Ml1emphis, Trin.: 229 FeerA1 Building.

Ninianeapolis, Minn.: 213 Federal Building.

New loans, Li.: Room 225-A, Custouihouse.

New York, N.Y.: 7:4 Custfomhouse.

Norf lk, Va.: -106 East Plume Street.

Philaolelphia, Pa.: 422 Commercial Trust Building.

Pittsburgh, Pa.: Chamber of Commerce Building.

Por Iand, Oreg.: 215 New Post Office Building.

St. Louis, Mo.: 5003 Olive Street.

Sna Francisco, Cal I. : I10 Customhouse.

Seattle, Wash.: 009 Federal Offlice 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 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 President, including Executive Order No. 6543-A, dated December 30, 1933, and otherwise; do hereby incorporate by reference said annexed 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 an approval of said Code

in its entirety as supplemented by said Chapter XVII.

HUGH S. JOHNSON,

Admi'nzstrator for Industrial Recovery.

Approval recommended:

GEO. L. BERiY,

Division Adminis3trator.

WASHINGTON, D.C.,

August 11, 1934.

79943'-1044-61--34 1 (1)
REPORT TO THE PRESIDENT

The PRESIDENT,

Th7e 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

31, 1934.

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 principally with payment of wages.

ECONOMIC EFFECT OF THIE 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 Constriction Industry, it is reasonable to suppose that

this Industry is suffering practically in direct proportion to the Construction Industry, in which latter Industry employment is at an

exceptionally low ebb. It is reasonable to predict that the establishment of uniform rates of pay, uniform hours of work, improved conditions 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 Competition for the Construction Industry, as supplemented by said

Marble Contracting Chapter, are well designed to promote the policies and purposes of Title I of the National Industrial Recovery

Act, including' removal of obstructions to the free flow of interstate

and foreign connerce which tend to diminish the amount thereof

and will provide for the general welfare by promoting the organiza-

(2)
3

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 supervision, 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 employees; and is not classified by me as a major industry. (c) Said Marble Contracting Chapter and the Code of Fair Coinpetition 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 Competition 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 Competition for the Construction Industry, as supplemented by said

Marble Contracting Chapter, are not designed to and will not eliminate 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 Contracting Chapter of the Code of Fair Competition of the Construction

Industry.

Respectfully,

HUGH S. JOHNSON,

Administrator.

AUGUST 11, 1934.
CHAPTER XVII

SUPPLEMENTARY CODE OF FAIR COMPETITION FOR

THE MARBLE CONTRACTING DIVISION OF THE CONSTRUCTION INDUSTRY

ARTCLE I-DEFINITIONS

SECTION 1. The term "Marble Contracting Division " or "this

Division " as used herein is defined to mean and include the assembling, installing, erecting or repairing of:

(a) Interior Marble in building structures, including modifications 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 member 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

marble.

ARTICLE II-Houns, WAGES AND CONDITIONS OF EMPLOYMENT

SEcTON 1. Excmptions from Chapter I.-The following are exempt from provisions of Section 2 of Article III of Chapter I

of this Code relating to maximum 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 WVork.-Eniployees 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 ) 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. Payenwnt 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)
5

(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. Supervisors 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. SEcrIoN 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 dIate 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

workmen.

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 minimum 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 persons employed by him, showing the wages paid to, and the maximum

hours of work for, such employees. The total number of said employees shall at no time exceed five (5) per cent of the numbc'r employed by the particular member of the Division.

ARTICLE 111-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
6

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-producers shall be elected by the Board of Directors of the Association.

These nmenibers shall serve until the next annual meeting of the Association, 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, Nevada, 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

thit 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 specifled regions, shall be elected by a majority vote of the other six (6)

members of the Code Authority, shall be approved by the Administrator, 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-
7

ity and perform,such duties as herein set forth, and as the Divisional

Code Authority'may from timne to time delegate to hiiii but nothing

contained herein shall relieve the Divisional Code Authority of its

duties and responsibilities;

(b) Tiade PiacticCC Cominttee.-To appoint a Trade Practice

Counittee 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 ),actices to over 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 ainendmeits to

this Code and such other Codes;

(c) Standard Formb.-To d(evise standard forms of proposals ard

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 Expe.-(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 effectuste 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 deemi necessary

(1) an itemized budget of its estimated expenses for the foregoing

purposes, and (2) an equitable basis upon which the funds necessary

to upport such budget shall be contributed by members of the

Division;

(c) After such budget and basis of contribution have been approved by the Administrator, to determine and secure equitable contribution 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 selection 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 Con nittee.-(1) A Regional Committee 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 Marble Industry Employers Association of New York and vicinity to be

elected by the Executive Committee of the Marble Industry Employers' Association of New York and vicinity.

75943'--1044-61---34-2
8

(1)) Two memVbs who are also members of the Division to be

elected by the members of the Division within the Metropolitan

District of tie City of New York, as defined above, who are not

meml bers of the Marble Industry Employers' Association of New

York and vicinity. Within ten days after approval of this Division,

the Seeretary of the Marble Industry 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

Employers' Assoeiation 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 )y proxy. The two members shall be elected by members of the

1)ivision present in person or by proxy at such meeting, by a. majority vote of members of the Division present in person or by proxy.

The method of election of said Regional Committee shall be approved by t1 ('ode 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, Seetion 1 (b) shall be one of the five members of this Regionat Committee.

(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 Authority.

(a) To appoint a Regional Commissioner who shall serve as its

disinterested and impartial Agent within said district in the performance of the duties delegated to the " Commisyioner " under Sections

I to 1.5 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 purpose of formulating fair trade practices to govern the members of

the Division within said district, to the end that such fair trade

)ra(tices may be proposed to the Code Authority for approval and

transmission to the Adm-inistrator 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

-pproval If approved by the Adininistrator. full information concerning such methods shall be made available to all members of the

Division in said district. Thereafter, each member of the Division

in said di!4rict shall utilize such methods to the extent found practicable. Nothing herein contained shall be construed to permit the

Regional Conimittee, any agent thereof, or any member of the Division in said district, to suggest uniform additions, percentages, or

diflerentia ls or other uniform items of cost which are designed to

bring&1 about arbitrary uniformity of costs or prices;

(d ) To sl)bnit to the Code Authority full and complete copies of

all minutes and records and such other information as the Code

Authority or the Aduinistratori may require.

(-) Eauh member of the Division in said District shall pay an

equitable p rojIrtion of the expenses of the Regional Committee
9

in 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 administration 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 determine 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 Lor

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 noditfied

form.

ARTICLE IV-TRADE PnACTICEs

(Subdivision A)

The following practices constitute unfair methods of competition

for members of the Division and constitute violations of the Code:

SErTioN 1. Breach of Contract.-W ilfully inducing or attempting

to induce the breach of existing contracts between competitors and

their customers by any false or deceptive means whatsoever, or interfering with or obstructing the performance of any such contractual

duties or services by any such means.

SECTION 2. uJlisipiCentation .- 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, vahmes, policies, services, or the nature or form of the business conducted.

Securing information from competitors concerning their biisinesses by false or misleading statements or representations or by

false impersonations of one in authority.

SECTION 3. Rebatcs.-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 e:Ttended to all purchasers under

like terms and conditions, for the purpose of influencing a sale.

(Subdivision B)

The following practices are adopted as supplemeital to the provisions entitled " Competitive Bidding Practices " set forth in Article

VII of Chapter 1, 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:
10

SECTION 1. Stam/nard Forvnx.-All persons engaged in the Division

shall use standard forms of proposals and contracts after they have

beii approved by the Adininistrator and Construction Code Authority, except on United States, State or Municipal proposals and contracts where a different form is required by 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 shopping 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 figouring- changes in plans and specifications, and in figuring 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

was based.

SECTION 3. Deflnte Cloing 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 Commissiozier shall ascertain 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 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 impossible, all the essential facts and the amount of the bid shall be

filed in the telegraph office for transmission by wire to the Commissioner 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
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 slall notify

the Conmissioner of their action and their reason therefor.

SECTION 4. Limiting ANout.-The provisions in the above Section 3 of this Article shall apply to all bids amounting to One

Thousand Dollars ($1,000) or more.

SECTION 5. In citation to Ijid.-Any member of the Division invited and intending to submit either a formal bid or a preliminary

estimate on a contract likely to amount to One Thousand Dollirs

($1,000) or more, shall immediately report the fact to the Commissioner, 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 prelimninary

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. Preuinwry Estiimates.-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 1)arties to

whom it has been submitted. Preliminary estimates shall be plaiiily

marked as such.

SECTION 7. Non-Comipetitive Bids.-(a) Anyone subinitting what

he understands to be a non-competitive bid, shall forward a carb41

copy thereof to the Commissioner, together with the name of the

party to whom submitted and a statement that the bid is non-comnpetitive. 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 Conunissjoner shall

notify all the bidders of the facts excluding any information whirh

is herein prevented from being disclosed in connection with competitive 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. Insmring Bona-Fide Competition.-Prior to the closing date, the Commissioner shall withhold from all persons whatsoever 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 eiach 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. Certabn 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 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

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 certified 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 report to all the bidders, all the essential facts pertaining thereto, and shall then disclose to the bidders, the amounts of any alternative bids previously kept confidential in accordance with Section

10 of this Article.

SECTION 14. Vithidrawal of Bids.-(a) Bidders may state in their

bids the time limit after the closing (late 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
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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 withdrawal of bids, provided that in cases of bidding to general contractors, 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) applicable to general contractors' bids, and a bid so withdrawn shall not

be replaced with another bid.

SECTION 15. New Bidding on Revised Plans and SprcoatmmKExcept 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 plais

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 originally submitted.
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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 $1,00O.-Where 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 complete 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 system

and methods have been formulated and approved by the Administrator, full details concerning them shall be made available to

all members. Thereafter, all members shall determine and/or estimate 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, necessary to operation at the site;

(d) Municipal permits, inspection fee, if any;

(e) Insurance;

(f) Repairs and maintenance of tools and equipment while actually 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 determination nothing shall be included for depreciation on unused facilities,
13

interest on indebtedness, interest on investment, or for selling expense 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 Adninistrator that his bid

was not less thn the bona tide estimate of said tlowible cost of

any other member of the Division who submitted a bid in the competition in which the offense is charged.

ARTICLE VI-POSTING

All members of the Division shall post and keep posted copies of

this Code (Chapter I and this Chapter) in conspicuous places accessible 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-EGISTRATION OF MEMBERS OF THE DlvIsIoN

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 Authority 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 I-REFERENCE TO PROvISIONS 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 provisions 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-EFFCTIVE 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.

Registry No. 1023-2-14.

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