B-28185, SEPTEMBER 24, 1942, 22 COMP. GEN. 265

B-28185 September 24, 1942
Full Decision (HTML)  

Summary

CANCELLATION OF CONTRACTS FOR CARRYING MAILS IT IS NOT ONE OF THE FUNCTIONS OF THIS OFFICE TO DETERMINE WHETHER A CONTRACTOR OR SUBCONTRACTOR. IS OR IS NOT SUBJECT TO THE PROVISIONS OF THE FAIR LABOR STANDARD ACT OF 1938. OR IS OR IS NOT REQUIRED TO COMPLY WITH WAGE ORDERS ISSUED PURSUANT THERETO. 19 COMP. WHEN THERE IS IN EXISTENCE AT THE TIME BIDS ARE SUBMITTED A LAW. IT MUST BE PRESUMED THAT ALL BIDS SUBMITTED WERE PREPARED IN CONTEMPLATION OF AND SUBJECT TO THAT LAW. WHERE THE ORIGINAL CONTRACTOR UNDER A CONTRACT FOR CARRYING THE MAILS IS AUTHORIZED BY THE POST OFFICE DEPARTMENT TO SUBLET THE WORK TO A SUBCONTRACTOR. 1942: I HAVE YOUR LETTER OF AUGUST 15. AS FOLLOWS: REFERENCE IS MADE TO THE PRIOR DECISIONS OF YOUR OFFICE RELATING TO THE NECESSITY OF INCLUDING IN CONTRACTS FOR CARRYING THE MAIL PROVISIONS REQUIRING COMPLIANCE WITH THE EIGHT-HOUR LAW OR THE FAIR LABOR STANDARDS ACT.