25
26
Group 373 (1934)
( 10 )
delivery of urgent copies or proofs. He shall also submit in writing when required to do so, detailed explanations of the causes of non- delivery of any work in arrear. When requested the Contractor shall submit advance calculations and set of sheets of any Non- Parliamentary Publication at the earliest possible moment to enable the Controller to fix the selling price.
bale or case shall be labelled at one end with the order number or numbers of the contents and the signature also in the case of work delivered in sheets for binding. No other indication of the contents shall appear on the outside of the bales or cases. If the work is sent in cases or other receptacles, notice must be given at the time of delivery if they are required to be returned. If to be returned, the cases or other receptacles must be collected within seven days of the Contractor being notified that they are ready, and the Con- tractor must pay carriage. If not removed within seven days, no claim can be entertained for the cases or other receptacles or their value. All work delivered must be accompanied by the appropriate delivery note (which must be made out by the Contractor on forms to be supplied by the Controller), upon which must be entered the name of the Contractor, Department, demand, warrant, and order numbers, number of copies, and description of the work. The copy or press proof (if proofs have been supplied) must accompany the first delivery. With the first delivery of each Parliamentary Paper the Contractor shall supply six copies of a label, plainly printed, showing Partial payments to the extent of five-sixths of the net value shown
the title of the paper.
IX. (a) Type standing The Contractor shall keep standing free of charge the type of all works printed under this Contract for six months after the delivery of the final copies of any supply upon which composition is chargeable, at the end of which period he may distribute the type unless otherwise required under Condition IX (6) hereof. With a view to releasing type as soon as may be possible, the Controller will use his best endeavours to arrange with the Departments to return proofs for press as soon as may be practicable having regard to the requirements of the service.
(6) Type rent The Contractor shall further, if required by the Controller to do so, keep standing the type of the whole or any portion of a work printed under this Contract beyond the above-mentioned period of six months, and in such case shall receive payment for each further period of three months or less during which the type may be required to be kept standing at the rate provided in Schedule B. Orders to keep type standing will, unless under exceptional circumstances, be given only in cases in which it is judged probable by the Controller that the type, with or without alteration, will be required within two years from the date of its last appearance in any completed work. Type required to be kept standing under this sub-clause shall not be distributed by the Contractor until he shall have received the written authority of the Controller to do so; should the Contractor fail to comply with this provision he shall, in the event of the type being required for further use before such authority for distribution is given, reset the same at his own expense.
(c) Contractor to notify Controller-In the case of all works the Contractor shall, at the end of five months from the date of delivery of the final copies of any supply upon which composition has been chargeable, notify the Controller in writing, on forms to be supplied by the Controller, the fact that such period bas elapsed. Should the Contractor fail to comply with this provision and a further supply be required at any time within two years from the above-mentioned date of delivery, the Controller shall have power to require such further supply from the Contractor at the rates for reprints provided in Schedule B.
(d) Lifted matter-The Contractor shall make use of the whole or of any portion (such portion being not less than two continuous pages if for incorporation with other matter) of any type standing under either of the preceding paragraphs in any manner that may be required of him, any necessary rearrangement or alteration being charged at the respective rates provided under reprint charges in Schedule B, or, for such portion as may be required and has been ordered to be reset, at the rate provided for composition in that Schedule. "Extracts" shall not be subject to the foregoing minimum of two pages,
(e) Recurring works-In any case in which it may appear that subsequent editions of a work will be required, the Controller shall have power, in lieu of requiring the same to be kept standing under the provisions of the preceding paragraphs, to withdraw the work from Schedule B and to pay for the subsequent editions of such works or any portions thereof at such rate, being not less than twenty-five per cent. of the composition prices provided in Table A of Schedule B as shall be agreed upon between the Controller and the Contractor, or, failing such agreement, to the award of the Controller, subject to the Contractor's right of appeal to the Lords Commissioners of His Majesty's Treasury, as provided in Condition XXIV, and in all other respects such work shall be subject to such special arrange- ments as may be necessary.
X. Contractor's right to work-It is agreed that all the work provided for in Schedule A shall be ordered from the Contractor, except in an exceptional case where, in the opinion of the Controller it is desirable to withdraw a particular work from the Contract, as to which the decision of the Controller shall be final.
XI. Information as to work in hand-The Contractor shall, when- ever called upon to do so, give full information regarding any work in han. He shall answer and return promptly all enquiries as to
XII. Method of rendering accounts-The Contractor shall render his accounts monthly to the Stationery Office, London, in the form required by the Controller, giving a full and accurate account of all work under this Contract the clearance of which has been notified to the Contractor by the Receiver. The Contractor shall substantiate his account by the delivery or production of such receipts, proofs, copy, and other vouchers as may be thought necessary by the Controller.
XIII. Advances on accounts and type rent for work in proof-
in the Contractor's account of-
(a) composition only of work standing in proof for not less
than one month, and of
(b) all work completed and delivered within the month other than work for which a partial payment for composition may already have been made,
shall, if demanded, be made to the Contractor, by order on the Paymaster-General, within two weeks of the presentation at the Stationery Office by the Contractor of his accounts, provided such accounts, duly vouched to the satisfaction of the Controller, be delivered within the month following that to which they relate. In respect of work standing in proof for more than three months after the date of delivery of the final instalment of the first proof, the Contractor shall also be entitled to charge type rent at the rate provided in Schedule B for each further period of three months or less that may elapse prior to the date on which the proof is returned for press; provided that after the delivery of the final copies ordered of such work the general provisions of Condition IX as to keeping type standing shall be applicable. No further payment shall be made in respect of work upon which a partial payment for com- position only has already been made until the final accounts for the completed work are rendered and examined. The balances of the accounts shall be paid as soon as the necessary examination has been completed. In the event of the amount of any account as rendered by the Contractor proving on examination largely in excess of the amount to which he may be entitled under the Contract for the work charged in such account, the Controller shall have power to reduce or withhold future partial payments during the currency of the Contract. The Controller shall also have power to withhold payment of the Contractor's accounts until the statements of paper issued under Condition VI and used by the Contractor for the printing charged for in such accounts have been received at the Stationery
Office.
XIV. Only work properly ordered to be paid for The Contractor shall not undertake work for any Government Office except by the direction of the Controller or in accordance with regulations com- municated to him in writing by the Controller, who will not be bound to pay for the production of any work but such as has been ordered in the manner prescribed. In the event of copy for any work being sent to the Contractor in print, he shall ascertain from the Controller before putting it in type whether he is to proceed with the work, and, should he fail to do this, he shall forfeit all claim to payment for composition if it can be shown that standing type was at the disposal of the Controller.
XV. Accuracy of matter printed-The Contractor shall be held responsible for the correct reproduction of all matter sent to him as copy, and shall make arrangements for the proper reading of all matter set in type. In the event of any proof being sent out by him in such a condition as to indicate careless reading and lack of due correction of printers' errors, the Controller shall have power to make a deduction from the Contractor's charges for the composition of such complete proof at a rate not exceeding fifteen per cent, on account of such bad work,
XVI. Selling price to be fixed by Contractor-The Contractor will be required to fix the selling price in accordance with scales of prices to be provided by the Controller to be printed on the title page of any Parliamentary Paper or Non-Parliamentary Paper printed by him under this Contract.
XVII. (a) Failure to observe Conditions or to execute work-In the event of the Contractor failing-
(1) to observe or perform any of the Conditions of this Contract,
or
(2) to execute any work in a good and workmanlike manner to the satisfaction of and by the time fixed by the Controller,
it shall be lawful for the Controller in his discretion in the former event to remove or withhold any part of the work until such time
( 11 )
as he may be satisfied that the Contractor is able to and will duly observe the said Conditions, and in the latter event to reject, subject to the provisions of paragraph (d) below, or remove as the case may require any work executed otherwise than in a good and workmanlike manner to the satisfaction of and by the time fixed by the Controller, and in both or either of the events aforesaid to employ other printers to produce the work so removed or withheld or work in lieu of that so rejected or removed as aforesaid.
(b) Repayment of excess cost-If in either event any excess cost be incurred by reason of any difference between the price paid and the Contract price, the Controller may charge the amount of such excess cost to the Contractor, and the same may at any time be deducted from any sum or sums then due or which at any time thereafter may become due to him under this or any other Contract, or may be demanded of him to be paid within fourteen days to the Paymaster-General to the credit of the Controller.
(c) Defective work-In the event of the discovery of any error due to the fault of the Contractor at any time after the delivery of the copies ordered, the Contractor shall be bound, if called upon to do so, to rectify such error at his own cost, to the satisfaction of the Controller. In the event of the delivery of any defective work which owing to urgency or for any other reason cannot, in the opinion of the Controller, be wholly rejected, the Controller shall have power to deduct from any payment due to the Contractor such sum as he may deem expedient, not exceeding twenty-five per cent. of the whole value of the particular sheet or sheets adjudged to be defective. (a) Arbitration In the event of the Contractor considering himself to be aggrieved by a rejection of the whole or any part of the work executed and/or materials supplied under this Contract, or by a deduction made in pursuance of Condition XVII (c) hereof, the question as to whether the work and/or materials so rejected, or in respect of which such deduction has been made, conform to the Conditions of the Contract (including the specification and/or sample or samples, if any) shall be referred to the arbitration of two persons, one to be appointed by the Controller and one by the Contractor, or their Umpire, in accordance with the provisions of the Arbitration Act, 1889, or any statutory modification or re enactment thereof for the time being in force, provided that within 14 days of the notification of rejection and before the work and/or materials supplied have been removed, the Contractor shall notify in writing to the Controller, his objection to the rejection, and shall sign the Submission to Arbitration required by the Controller (a copy of which will, if so desired, be furnished to the Contractor before tendering). Pending such arbitration, the work executed and/or materials supplied shall not be removed.
(6) Provided always that at the request of either party there shall be prior to the commencement of arbitration proceedings, a meeting between the Controller and the Contractor or their responsible representatives to discuss the grounds of rejection, and to endeavour to arrive at a mutual settlement, which meeting must be held within seven days of the Contractor's claim for arbitration.
(f) Saving clause-The powers of the Controller under this Con- dition shall in no way affect or prejudice the power in certain events to terminate the Contract vested in him under Conditions I, III, XIX, and XXII.
XVIII. Bond--The Contractor shall, if called upon by the Controller to do so, enter into a bond, with sureties satisfactory to the Controller, for the due performance of this Contract, such bond to be prepared by the Treasury Solicitor in such terms as he may think fit and at the expense of the Contractor.
cr
XIX. (a) Fair wages and conditions The Contractor shall in the execution of this Contract observe and fulfil the obligations upon Con- tractors specified in the Resolution passed by the House of Commons on the 10th March, 1909, namely:-"The Contractor shall
pay rates of wages and observe hours of labour not less favourable than those commonly recognised by employers and trade societies (or, in the absence of such recognised wages and hours, those which in practice prevail amongst good employers) in the trade in the district where the work is carried out. Where there are no such wages and hours recognised or prevailing in the district, those recognised or prevailing in the nearest district in which the general "industrial circumstances are similar shall be adopted. Further, "the conditions of employment generally accepted in the district "in the trade concerned shall be taken into account in considering how far the terms of the Fair Wages Clauses are being observed. "The Contractor shall be prohibited from transferring or assigning, directly or indirectly, to any person or persons whatever any portion of his Contract without the written permission of the Department. Sub-letting, other than that which may "customary in the trade concerned, shall be prohibited.
Contractor shall be responsible for the observance of the Fair Wages Clauses by the sub-contractor." In the event of any infringement of this Condition the Controller shall have power, at
(20@24)
be The
Group 373 (1934)
any stage of the work contracted for, to close the Contract without payment to the Contractor, who shall in such case either return or pay to the Controller the value of any materials supplied under the Conditions of the Contract.
(b) Conditions and agreements to be exhibited-The Contractor shall cause the preceding Condition (a) to be prominently exhibited for the information of the workpeople on the premises where work is being executed under this Contract. In trades where it is the practice, the Contractor shall also cause to be exhibited, or have available for inspection, a copy of any signed agreement determining the rates of wages and hours of labour commonly recognized by employers and trade societies in the district.
(c) Wages books and time sheets-The Contractor shall keep proper wages books and time sheets showing the wages paid and the time worked by the workpeople in his employ in and about the execution of the Contract, and such wages books and time sheets shall be produced whenever required for the inspection of any officer authorized by the Controller.
XX. Stoppages at works-In case of strikes, combinations of workmen, fire, accidents, or other circumstances beyond the control of the Contractor causing a stoppage at his works, and provided that the Contractor shall give notice in writing to the Controller im- mediately on the happening of such a stoppage, stating the cause and the date of commencement, and on its cessation, stating the date of resumption of work, the delivery or completion of work may be suspended by the Controller without penalty, and the Controller shall have power during such stoppage to get the work done else- where without any charge to the Contractor. The Contractor shall afford every facility for the removal and use elsewhere of such standing type, formes, and materials as may be necessary for the completion of such work.
XXI. Members of Parliament-No Member of the House of Commons shall be admitted to any share or part of this Contract or to any benefit to arise therefrom [see House of Commons (Dis- qualification) Acts, 1782 and 1801 and House of Commons Dis- qualification (Declaration of Law) Act, 1931.]
Contractor shall not offer or give or agree to give to any person in XXII. Corrupt gifts to persona in the Crown's service -The
His Majesty's service any gift or consideration of any kind as an inducement or reward for doing or forbearing to do or for having done or forborne to do any action in relation to the obtaining or execution of this or any other contract for His Majesty's service or for shewing or forbearing to shew favour or disfavour to any person in relation to this or any other contract for His Majesty's service.
Any breach of this condition by the Contractor or by anyone employed by him or acting on his behalf (whether with or without the knowledge of the Contractor) or the commission of any offence by the Contractor or by anyone employed by him or acting on his behalf under the Prevention of Corruption Acts 1889 to 1916 in relation to this or any other contract for His Majesty's service shall entitle the Controller to cancel this contract and to recover from the Contractor the amount of any loss resulting from such cancellation.
Any dispute or difference of opinion arising in respect of either the interpretation effect or application of this condition or of the amount of damages recoverable by the Controller from the Con- tractor as a result of cancellation hereunder shall be decided by the Controller in such manner and on such evidence or information as he may think fit and his decision shall be final,
XXIII. Appeal limited-Should any question or questions, other than those referred to arbitration under Condition XVII (4) hereof arise as to the interpretation of this Contract or of the statements in the Schedules, or as to the execution of any order or work arising out of the same, such question or questions shall be settled by the award of the Controller.
XXIV. Appeal to the Treasury The Contractor shall have the right to appeal from any award of the Controller under Conditions IVX (6) or XIII hereof to the Lords Commissioners of His Majesty's Treasury who shall decide or in Their sole discretion appoint some other person to decide such appeal and such decision shall be final. The appeal must be in writing and must be sent to the Secretary of the Treasury within 14 days of the date of the Majesty's Treasury or the person appointed by Them to decide the award appealed against. Unless the Lords Commissioners of His appeal as the case may be otherwise decide there shall be no oral argument or evidence.
XXV. Acceptance The Controller does not bind himself to accept the lowest or any tender.
XXVI. Alterations All tenders will be rejected in which any change of any kind whatever is made in any of the foregoing Con- ditions or in the Schedules.
B