Page:United States Statutes at Large Volume 49 Part 1.djvu/1057

 1012 74TH CONGRESS. SESS.I. CH. 825 . AUGUST 30, 1935. Stipulations. in con- of Columbia if the work is to be performed there ; and every con- tracts respecting pa y- menu. tract based upon t hese s pecifi cation s shall conta in a s tipula tion t hat the contractor or his subcontractor shall pay all mechanics and laborers employed directly upon the site of the work, uncondi- tionally and not less often than once a week, and without subsequent deduction or rebate on any account, the full amounts accrued at time of paym ent, computed at wage rates n ot less than th ose stated in the advertised specifications, regardless of any contractual rela- tionship which may be alleged to exist between the contractor or Posting of wage scale . Subcontractor and such laborers and mechanics, and that the scale of wages to be paid shall be posted by the contractor in a prominent Withholding portion and easily accessible place at the site of the work ; and the further of accrued payments from contr actor. stipu lation that t here m ay be w ithhel d from the co ntract or so much of accrued payments as may be considered necessary by the contracting officer to pay to laborers and mechanics employed by the contractor or any subcontractor on the work the difference between the rates of wages required by the contract to be paid laborers and mechanics on the work and th e rates of wage s received by such labo rers and mecha nics and not re funded to the c ontractor, subco ntract ors, or their agent s. Termination of right " SEC . 2. Every contract within the scope of this Act shall contain of contractor to pr°- the further provision that in the event it is found by the contracting officer that any laborer or mechanic employed by the contractor or any subcontractor directly on the site of the work covered by the contract has been or is being paid a rate of wages less than the rate Not ice re qui red . of wages required by the contract to be paid as aforesaid, the Gov- ernment may, by written notice to the contractor, terminate his right to proceed with the work or such part of the work as to which there has been a failure to pay said required wages and to prosecute Liability of con trac- the work to completion by contract or otherwise, and the contractor tor . and his suretie s shall be liab le to the Gover nment for any excess costs occ asio ned the Gove rnme nt t here by . Pay men t of ac cru ed " SEC. 3 . (a) The Comptroller General of the United States is fromlatie rs ithheld hereby authorized and directed to pay directly to laborers and mechanics from any accrued payments withheld under the terms of the contract any wages found to be due laborers and mechanics List of contractors pursuant to this Act ; and the Comptroller General of the United dis regar ding oblig a- tions. States is further authorized and is directed to distribute a list to all departments of the Government giving the names of persons or firms whom he has found to have disregarded their obligations to Prohib ition on emplo yees and sub cont ract ors. No contrac t shall be awa rded to the awarding contracts. persons or firms appearing on this list or to any firm, corporation, partnership, or association in which such persons or firms have an interest until three years have elapsed from the date of publication of the list containing the names of such persons or firms. Righ t of action "(b) If the accrued payments withheld under the terms of the against contractor and sureties, contr act, a s afore said, are in suffic ient to reimb urse a ll the labor ers and mechanics w ith respect to whom there has been a failure to pay the wages required pursuant to this Act, such laborers and mechan- ics shall have the right of action and/or of intervention against the contractor and his sureties conferred by law upon persons furnishing labor or mat erials, and in such proceedin gs it shall be no defense that such la borers and mec hanics accepted or agreed to a ccept less than the required rate of wages or voluntarily made refunds . Esta bli shme nto f "SEC. 4. This Act shall not be construed to supersede or impair specific wa ge rates_ any authority o therwise grante d by Federal la w to provide f or the estab lishme nt of s pecifi c wage rates.