52.51—Charges for inspection services on a contract basis.
(a)
Irrespective of fees and charges prescribed in foregoing sections, or in this section, the Administrator may enter into contracts with applicants to perform continuous inspection services or other types of inspection services pursuant to the regulations in this part and other requirements as prescribed by the Administrator in such contract, and the charges for such inspection service provided in such contracts shall be on such basis as will reimburse the Agricultural Marketing Service of the Department for the full cost of rendering such inspection service including an appropriate overhead charge to cover as nearly as practicable administrative overhead expenses as may be determined by the Administrator.
(b)
Irrespective of fees and charges prescribed in the foregoing sections, or in this section, the Administrator may enter into a written memorandum of understanding or contract, whichever may be appropriate, with any administrative agency charged with the administration of a marketing agreement or a marketing order effective pursuant to the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601 et seq.) for the making of inspections pursuant to said agreement or order on such basis as will reimburse the Agricultural Marketing Service of the Department for the full cost of rendering such inspection service including an appropriate overhead charge to cover as nearly as practicable administrative overhead expenses as may be determined by the Administrator. Likewise, the Administrator may enter into a written memorandum of understanding or contract, whichever may be appropriate, with an administrative agency charged with an administration of a similar program operated pursuant to the laws of any State.
(c)
Charges for year-round in-plant inspection services on a contract basis will be billed to the applicant monthly for all hours worked with a minimum of 40 hours per week for each inspector assigned to perform the inspection services in accordance with the following schedule:
(2)
For personnel assigned on less than a year-round basis: Each inspector—$65.00 per hour. In-plant sampler—$22.00 per hour.
(3)
Holiday pay. An eight (8) hour charge will be made for each inspector assigned at their regular hourly rate. When work is performed, an additional hour at the regular hourly rate will be charged for each hour worked.
(4)
Night differential. A 10 percent night differential charge will be made for all work performed between the hours of 6 p.m. and 6 a.m.
(5) Overtime.
All overtime hours will be charged at the regular rates specified in paragraphs (c)(1) and (2) of this section, plus one-half the hourly rate, per hour.
(6)
Sunday differential. A 25 percent Sunday differential will be charged for all work performed on Sunday.
(d)
Charges for less than year-round in-plant inspection services (four or more consecutive 40 hour weeks) on a contract basis will be billed to the applicant monthly for all hours with a minimum of 40 hours for each inspector assigned to perform the inspection services in accordance with the following schedule: 1
Code of Federal Regulations
Footnote(s): 1 Except a minimum of 8 hours per day will be billed in lieu of a minimum of 40 hours a week.
(3)
Holiday pay. An eight (8) hour charge will be made for each inspector assigned at their regular hourly rate. When work is performed, an additional hour at the regular hourly rate will be charged for each hour worked.
(4)
Night differential. A 10 percent night differential will be charged for all work performed between the hours of 6 p.m. and 6 a.m.
(5) Overtime.
All overtime hours will be charged at the regular rates specified in paragraphs (d)(1) and (2) of this section, plus one-half the hourly rate, per hour.
(6)
Sunday differential. A 25 percent Sunday differential will be charged for all work performed on Sunday.
(e)
No Member of, or Delegate to Congress, or Resident Commissioner, shall be admitted to any share or part of any contract provided for in this section or to any benefit that may arise therefrom, but this provision shall not be construed to extend to such contract if made with a corporation for its general benefit, and shall not extend to any benefits that may accrue from the contract to a Member of, or Delegate to Congress, or a Resident Commissioner in his capacity as a farmer.