It is fully set forth in the specification, that, in case of dispute regarding what is required or regarding the value of extra work, either as an addition or as a deduction, the decision of the Supervising Architect is to be final; and this means more than such clauses in private specifications, for the Department cannot be sued, and, in case the Contractor objects to the wling and stops work, the Depart ment has the power to abrogate the contract and finish the work at the expense of the sureties on the Contractor's bond. Later the Contractor can bring a suit in the Court of Claims; but it is very rarely that any substantial change is made in the original rulings. This rather autocratic power appears one-sided, and at first thought unfair; and, because of such appearance, it is never exercised except under extreme conditions, after every effort at reasonable settlement has failed; and then the decisions are such that, as above stated, the Court of Claims rarely reverses them to any extent.
This power is necessary for the Government; otherwise the Department would be at all times subject to inroads and impositions which would make progress impossible.
The sub-contractor and material man has no right of lien; but he has a right, after a certain lapse of time, to bring suit against the Contractor; moreover, the bond required by the Government, equal to one-half of the contract price, is also for his benefit, so that he has the same protection under the bond as has the Department. Upon application, certified copies of all contracts and bonds are fur nished for his use by the Department, free. But the Department is under no obligation, nor has it any right, to withhold payments from the Contractor at the request or demand of unpaid creditors.
The relations of sub-contractors and material men to the Depart ment arc peculiar in that they cannot in any way be recognized in a business connection; they have no ruure connection with the Depart ment than a factory which makes the shoe sold by a dealer has with the customer. The Contractor is the only business man known or recognized; all business of whatever nature must come under his signature. A sub-contractor can get no information or directions from the Department's representative. If it were otherwise, the Con tractor would have just cause for complaints relative to interference with his business by the Government.
Many years ago a Departmental order forbade the requirement of any particular item so as to limit competition, or the mention of any particular material or appliance, "or its equal;" as a conse quence, in the specification, there must be inserted such descriptions as will require appliances or materials which can be had through competition and which will accomplish the ends required. The
Contractor is at liberty to obtain his samples for approval in any market he desires; but when such samples are approved, it is a very difficult matter to get a change made; were it otherwise, the Depart ment would be constantly annoyed and delayed in its work by Con tractors changing their minds relative to the parties with whom they wish to deal.
It is often urged by persons controlling some new and special appliance, that it is not good business for the Department to refuse to specify an article having all the good points which they can show to belong to the particular article controlled by them. If this idea governed, the office of the Supervising Architect would be over whelmed by enthusiastic men with material and appliances of very doubtful value; and generally their claims would be urged by them and their representatives with a strenuousness in direct proportion to their worthlessness.
Experience has also shown that where competition relative to items entering into work has not existed, the persons controlling them rarely resist the temptation to charge abnormal prices. This results in the Contractor seeking relief at the Department and asking to be permitted to make a substitution; if this is granted, the higher bidders at once set up the claim that their figures were based on the specified requirements, and if they had known that such were not to be enforced their bid would have been low enough to capture the contract.
After a contract is once made, no one other than the Secretary of the Treasury, or, under certain circumstances, an Assistant Secretary, has the authority to make a change, no matter how small. The Superintendent on the work can allow no variations; nor has even the Supervising Architect himself any authority to make a change. For instance, two rough coats of plaster are required back of a certain wainscot; it is found advisable to omit the second; the area is small, and the difference in expense nothing; but the Superintendent must obtain from the Contractor a proposal to omit this coat without expense to the Government; and after this proposal has gone through the different divisions of the Supervising Architect's office for note, com ment, and recommendation, the Assistant Secretary accepts the pro posal in regular form as a public exigency, arid with the under standing that it is not to affect the time for completion, or the obliga tion of the Sureties on the bond; etc., etc. If it were otherwise, the' Superintendent would be constantly harrassed by requests and argu ments for changes; and if he permitted changes, the worst of motives would be imputed to him.