Finance Committee - Agenda - 1/6/2021 - P39
involved, whenever shipping any equipment, material or commodities pursuant to the
underlying contract to the extent such vessels are available at fair and reasonable rates for
US flag commercial vessels; b. furnish within 20 working days following the loading date
of shipments originating within the US or within 30 working days following the loading
date of shipments originating outside the US, a legible copy of a rated, "on-board"
commercial bill-of-lading in English for each shipment of cargo described herein to the
Division of National Cargo, Office of Market Development, Maritime Administration,
Washington, DC 20590 and to the recipient (through Seller in the case of a subcontractor's
bill-of-lading.); and c. include these requirements in all subcontracts issued pursuant to this
contract when the subcontract involves the transport of equipment, material or
commodities by ocean vessel.
43. Fly America Requirements.
For contracts involving transportation of persons or property, by air between the U.S.
and/or places outside the U.S. These requirements do not apply to micro-purchases ($3,500
or less, except for construction contracts over $2,000).
Seller shall comply with 49 USC 40118 (the “Fly America” Act) in accordance with
General Services Administration regulations 41 CFR 301-10, stating that recipients and
subrecipients of Federal funds and their contractors are required to use US Flag air carriers
for US Government-financed international air travel and transportation of their personal
effects or property, to the extent such service is available, unless travel by foreign air
carrier is a matter of necessity, as defined by the Fly America Act. Seller shall submit, if a
foreign air carrier was used, an appropriate certification or memorandum adequately
explaining why service by a US flag air carrier was not available or why it was necessary
to use a foreign air carrier and shall, in any event, provide a certificate of compliance with
the Fly America requirements. Seller shall include the .requirements of this section in all
subcontracts that may involve international air transportation.
44, Contract Work Hours and Safety Standards Act.
(a) Overtime requirements — Neither the Seller or any subcontractors contracting for
any part of the contract work which may require or involve the employment of laborers or
mechanics shall require or permit any such laborer or mechanic in any workweek in which
he or she is employed on such work to work in excess of 40 hours in such workweek unless
such laborer or mechanic receives compensation at a rate not less than one and one-half
times the basic rate of pay for all hours worked in excess of 40 hours in such workweek.
(b) Violation; liability for unpaid wages; liquidated damages - In the event of any
violation of the clause set forth in para. (1) of this section, Seller and any subcontractor
responsible therefore shall be liable for the unpaid wages. In addition, Seller and such
subcontractor shall be liable for liquidated damages. Such liquidated damages shall be
computed with respect to each individual laborer or mechanic, including watchmen and
guards, employed in violation of the clause set forth in para. (1) of this section, in the sum
of $10 for each calendar day on which such individual was required or permitted to work in
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