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PART 50-201-GENERAL REGULA

articles, or equipment to be manufactured

or used in the performance of the contract. TIONS

(b) All persons employed by the contracSec.

tor in the manufacture or furnishing of the 50-201.1 Insertion of stipulations.

materials, supplies, articles, or equipment 50-2012 Statutory exemptions.

used in the performance of the contract will 50-201.101 Manufacturer or regular dealer.

be paid, without subsequent deduction or 50–201.102 Employees affected.

rebate on any account, not less than the 50-201.103 Overtime.

minimum wages as determined by the Secre60-201.104 Dealer as agent of undisclosed

tary of Labor to be the prevalling minimum principal.

wages for persons employed on similar work 50–201.105 Protection against uninten or in the particular or similar industries or tional employment of under

groups of industries currently operating in age minors.

the locality in which the materials, supplies, 50–201.106 Hours worked.

articles, or equipment are to be manufac50–201.201 Breach of stipulations.

tured or furnished under the contract. 50–201.501 Records of employment. 50–201.502 Records of injury frequency

rates. 50–201.601 Requests for exceptions and ex (c) No person employed by the contractor emptions.

in the manufacture or furnishing of the ma50–201.602 Decisions concerning exceptions terials, supplies, articles, or equipment used and exemptions.

in the performance of the contract shall be 60-201.603 Full administrative exemptions. permitted to work in excess of 8 hours in any 50–201.604 Partial administrative exemp 1 day or in excess of 40 hours in any 1 week tions.

unless such person is paid such applicable 50–201.701 Definition of "person."

overtime rate as has been set by the Secretary 50–201.1101 Minimum wages.

of Labor: Provided, however, That the provi50-201.1102 Tolerance for apprentices, stu sions of this stipulation shall not apply to

dent-learners, and handi any employer who shall have entered into an capped workers.

agreement with his employees pursuant to 50-201.1201 Reports of contracts awarded. the provisions of paragraphs 1 or 2 of subsec50–201.1202 Complaints.

tion (b) of section 7 of an act entitled “The 50–201.1203 Other contracts.

Fair Labor Standards Act of 1938": Provided,

further, That in the case of such an emAUTHORITY: The provisions of this Part

ployer, during the life of the agreement re50-201 issued under sec. 4, 49 Stat. 2038; 41 ferred to the applicable overtime rate set by U.S.C. 38. Interpret or apply sec. 6, 49 Stat. the Secretary of Labor shall be paid for hours 2088, as amended; 41 U.S.C. 40.

. in excess of 12 in any 1 day or in excess of

56 in any 1 week and if such overtime is not 8 50–201.1 Insertion of stipulations.

paid, the employer shall be required to comExcept as hereinafter directed, in pensate his employees during that week at every contract made and entered into by the applicable overtime rate set by the Secan executive department, independent

retary of Labor for hours in excess of 8 in

any 1 day or in excess of 40 in any 1 week. establishment, or other agency or in

(d) No male person under 16 years of age strumentality of the United States, or by

and no female person under 18 years of age the District of Columbia, or by any cor

and no convict labor will be employed by the poration all the stock of which is bene contractor in the manufacture or production ficially owned by the United States, for or furnishing of any of the materials, supthe manufacture or furnishing of ma plies, articles, or equipment included in the terials, supplies, articles, and equipment, contract. with respect to which invitations for bids

(e) No part of the contract will be per

formed nor will any of the materials, Eupare issued on or after September 28, 1936,

plies, articles, or equipment to be manufacthe contracting officer shall cause to be

tured or furnished under said contract be inserted or incorporated by reference in

manufactured or fabricated in any plants, such invitation or the specifications and factories, buildings, or surroundings or under in such contract, the following stipula working conditions which are unsanitary or tions:

hazardous or dangerous to the health and

safety of employees engaged in the performREPRESENTATIONS AND STIPULATTONS PURSUANT

ance of the contract. Compliance with the TO PUBLIC LAW 846, 74TH CONGRESS

safety, sanitary, and factory inspection laws (a) The contractor 18 the manufacturer of of the State in which the work or part or a regular dealer in the materials, supplies, thereof is to be performed shall be prima

facie evidence of compliance with this paragraph.

(1) Any breach or violation of any of the foregoing representations and stipulations shall render the party responsible therefor llable to the United States of America for liquidated damages, in addition to damages for any other breach of the contract, in the sum of $10 per day for each male person under 16 years of age or each female person under 18 years of age, or each convict laborer knowingly employed in the performance of the contract, and a sum equal to the amount of any deductions, rebates, refunds, or un derpayment of wages due to any employee engaged in the performance of the contract; and, in addition, the agency of the United States entering into the contract shall have the right to cancel same and to make open. market purchases or enter into other contracts for the completion of the original contract, charging any additional cost to the original contractor. Any sums of money due to the United States of America by reason of any violation of any of the representations and stipulations of the contract as set forth herein may be withheld from any amounts due on the contract or may be recovered in a suit brought in the name of the United States of America by the Attorney General thereof. All sums withheld or recovered as deductions, rebates, refunds, or underpayments of wages shall be held in a special deposit account and shall be paid, on order of the Secretary of Labor, directly to the employees who have been paid less

nan minimum rates of pay as set forth in such contracts and on whose account such sums were withheld or recovered: Provided, That no claims by employes for such payments shall be entertained unless made within 1 year from the date of actual notice to the contractor of the withholding or recovery of such sums by the United States of America.

(g) The contractor shall post a copy of the stipulations in a prominent and readily accessible place at the site of the contract work and shall keep such emolovment records as are required in the regulations under the act available for inspection by authorized representatives of the Secretary of Labor.

(h) The contractor is not a person who is ineligible to be awarded Government contracts by virtue of sanctions imposed pursuant to the provisions of section 3 of the act.

(1) No part of the contract shall be performed and none of the materials, articles, supolles or equipment manufactured or furnished under the contract shall be manu. factured or furnished by any person found by the gocretary of Labor to be ineligible to be awarded Government contracts pursuant to section 3 of the act.

(1) The foregoing stipulations shall be deemed inoperative 11 this contract is for a defnite amount not in excess of $10.000. 17 F.R. 4494, June 16, 1942, as amended at 7 F.R. 11086, Dec. 30, 1942, 11 FR. 6238, June 8, 1946, 27 F.R. 306, Jan. 11, 1962, 27 F.R. 4556, May 12, 1962. Redesignated at 24 F.R. 10952, Dec. 30, 1959) 50–201.2 Statutory exemptions.

Inclusion of the stipulations enumerated in $ 50–201.1 is not required in the following instances.

(a) Where the contracting officer is authorized by the express language of a statute to purchase "in the open market”, or where a purchase of articles, supplies, materials or equipment, either in being or virtually so, is made without advertising for bids under circumstances bringing such purchase within the exception to the General Purchase Statute, R.S. 3709, that is, where immediate delivery is required by the public exigency.

(b) Where the contract relates to perishables, including dairy, livestock, and nursery products (“perishables" covers products subject to decay or spoilage and not products canned, salted, smoked, or otherwise preserved);

(c) Where the contract relates to agricultural or farm products processed for first sale by the original producers;

(d) Where the contract is by the Secretary of Agriculture for the purchase of agricultural commodities or the products thereof;

(e) Where the contract is with a common carrier for carriage of freight or personnel by vessel, airplane, bus, truck, express, or railway line, where published tariff rates are in effect;

(f) Where the contract is for the furnishing of service by radio, telephone, telegraph, or cable companies, subject to the Federal Communications Act of 1934 (48 Stat. 1064 as amended; 47 U.S.C. Chapter 5). (Regs. 504, 1 F.R. 1626, Sept. 19, 1936, as amended at 9 F.R. 8347, July 22, 1944. Redesignated at 24 F.R. 10952, Dec. 30, 1959] 8 50–201.101 Manufacturer or regular

dealer. A bidder or contractor shall be deemed to be a "manufacturer" or "regular

dealer" within the meaning of the stipu- $ 50–201.104 requiring compliance with lation required by section 1(a) of the the provisions of the Public Contracts act and $ 50-201.1(a) if he falls within Act. one of the following categories:

(3) A regular dealer in hay, grain, (a) A manufacturer is a person who feed, or straw may be a person who owns, owns, operates, or maintains a factory operates, or maintains a store, wareor establishment that produces on the house, or other place of business in which premises the materials, supplies, articles, the materials, supplies, articles, or or equipment required under the con equipment of the general character detract and of the general character de scribed by the specifications and required scribed by the specifications.

under the contract are bought for the (b) A regular dealer is a person who

account of such person and sold to the owns, operates, or maintains a store,

public in the usual course of business, warehouse, or other establishment in and whose principal business is such which the materials, supplies, articles, or

purchase and sale of such materials, equipment of the general character de supplies, articles, or equipment. scribed by the specifications and required (4) A regular dealer in raw cotton under the contract are bought, kept in may be a person who owns, operates or stock, and sold to the public in the usual maintains a store, warehouse, or other course of business.

place of business in which materials, (1) A regular dealer in lumber and

supplies, articles or equipment of the timber products, if a wholesale lumber

general character described by the specidealer, may be a person who owns, oper

fications and required under the contract ates, or maintains a place of business in

are bought for the account of such perwhich the materials, supplies, articles,

son and sold to the public in the usual or equipment of the general character

course of business, and whose principal described by the specifications and re

business is such purchase and sale of quired under the contract are bought

such materials, supplies, articles or for the account of such person and sold

equipment. to the public in the usual course of (5) A regular dealer in green coffee business: Provided, That at least more may be a person who owns, operates or than 50 percent of his business is such maintains a store, warehouse, or other purchase and sale of such materials, place of business in which materials, supplies, articles, or equipment; And supplies, articles or equipment of the provided further, That upon all orders to general character described by the specimanufacturers for direct shipment to fications and required under the conthe United States he agrees to insert a tract are bought for the account of such notice to the manufacturer to the effect person and sold to the public in the usual that the supplies are purchased for the course of business, and whose principal United States and that the manufac- business is such purchase and sale of turer is within the terms of $ 50–201.104

such materials, supplies, articles or requiring compliance with the provisions equipment. of the Public Contracts Act.

(6) A regular dealer in petroleum may (2) A machine tool dealer may be a be a person who owns, operates, or mainperson possessing, through contract or tains petroleum distribution equipment agreement with a manufacturer, the re and a store, warehouse, or other place of sponsibility for selling that manufactur business in which petroleum products of er's products, with respect to a specific the general character described by the territory and who is authorized by such specifications and required under the manufacturer to offer its products and to contract are bought for the account of negotiate and conclude contracts for the such person and sold to the public in the furnishing thereof: Provided, That upon usual course of business, and whose all orders to manufacturers for direct principal business is such purchase and shipment to the United States he agrees

sale of such petroleum products. to insert a notice to the manufacturer to the effect that the supplies are purchased (7) A regular dealer in agricultural for the United States and that the man- liming materials may be a person who ufacturer is within the terms of owns or controls the necessary equip

ment customarily required for delivering & 50–201.102 Employees affected.
agricultural liming materials to farmas or
for spreading such materials on fields,

The stipulations shall be deemed ap

plicable only to employees engaged in or who has made arrangements to purchase liming materials of the general character

connected with the manufacture, fabridescribed by the specifications and re

cation, assembling, handling, superquired under the contract from a manu

vision, or shipment of materials, supfacturer, and who offers such material

plies, articles, or equipment required for sale to the public in the usual course

under the contract, and shall not be of business.

deemed applicable to employees per

forming only office or custodial work, (8) A regular dealer in tea may be an

nor to any employee employed in a bonaimporter who owns, operates, or main

fied executive, administrative, or profestains a store, warehouse, or other place

sional capacity, as those terms are deof business in which materials, supplies,

fined and delimited by the regulations articles or equipment of the general

(29 CFR Part 541) applicable during the character described by the specifications

period of performance of the contract and required under the contract are

under section 13(a) (1) of the Fair Labor bought for the account of such person

Standards Act of 1938, as amended. and sold to the public in the usual course

(18 F.R. 1832, Apr. 2, 1953. Redesignated at of business.

24 F.R. 10952, Dec. 30, 1959) (9) A regular dealer in raw or unmanufactured cotton linters may be a

8 50–201.103 Overtime. person who owns, operates or maintains (a) Employees engaged in or cona store, warehouse, or other place of nected with the manufacture, fabricabusiness in which materials, supplies, tion, assembling, handling, supervision, articles, or equipment of the general or shipment of materials, supplies, articharacter described in the specifications cles, or equipment used in the performand required under the contract are ance of the contract may be employed bought for the account of such. person in excess of 8 hours in any one day or in and sold to the public in the usual course

excess of 40 hours in any one week: Proof business, and whose principal business

vided, Such persons shall be paid for any is such purchase and sale of such mater hours in excess of such limits the overials, supplies, articles, or equipment. time rate of pay which has been set

(c) (1) Except as hereinafter pro therefor by the Secretary of Labor. vided, every bid received from any bid (b) Until otherwise set by the Secreder who does not fall within one of the tary of Labor the rate of pay for such foregoing categories shall be rejected by

overtime shall be one and one-half times the contracting officer.

the basic hourly rate received by the em(2) Whenever justice and the public ployee. The "basic hourly rate" means interest will be served, bids for a con- an hourly rate equivalent to the rate tract or class of contracts will be ex upon which time-and-one hall overtime empted from the foregoing requirement compensation may be computed and by the Secretary of Labor upon the re paid under section 7 of the Fair Labor quest of the head of the contracting Standards Act of 1938, as amended. The agency or department when accom- basic hourly rate may, in no case, be less panied by his finding of fact that it will than the applicable minimum wage. be so difficult to obtain satisfactory bids (c) If in any one week or part thereof for the contract or class of contracts an employee is engaged in work covered under the stipulated restrictions, that by the contractor's stipulations, his overthe conduct of the Government business

time shall be computed after 8 hours in will be seriously impaired.

any one day or after 40 hours in any one (Regs. 504, 1 F.R. 1626, Sept. 19, 1936, as

week during which no single daily total amended at 4 F.R. 1614, Apr. 14, 1939, 14 F.R.

of employment may be in excess of 8 295, Jan. 20, 1949, 17 F.R. 6417, July 15, 1962, 18 F.R. 1471, Mar. 14, 1953, 18 F.R. 2294, Apr.

hours without payment of the overtime 21, 1953, 20 F.R. 4820, July 21955, 21 F.R.

rate. 1718, Mar. 20, 1956, 24 F.R. 8067, Oct. 6, 1959. (d) The overtime pay requirements Redesignated at 24 F.R. 10952, Dec. 30, 1959) of this section shall be deemed to be

complied with in the case of any em. liquidated damages by reason of a ployee employed as provided in section breach of stipulations as provided in sec7(b) of the Fair Labor Standards Act tion 2 of the act, there shall be withheld of 1938, as amended, pursuant to the from any balance due under the contract provisions of paragraph (1) or (2) of such amount as may be necessary to satthat section.

isfy such liability pending final disposi17 FR. 4494, June 16, 1942, as amended at tion of the case. 18 FR. 1832, Apr. 2, 1953. Redesignated at (b) Whenever & final determination 24 FR. 10952, Dec. 30, 1959)

of a breach of stipulations is made, the 850–201.104 Dealer as agent of undis Secretary of Labor will furnish to the closed principal.

contracting agency a copy of the findings

and decision with such recommendations Whenever a dealer, to whom a contract within the act and regulations in

as will assist the contracting agency in

determining whether or not the contract this part has been awarded, causes a

should be canceled for such breach. manufacturer to deliver directly to the Government the materials, supplies, ar

(Regs. 504, 1 F.R. 1627, Sept. 19, 1936. Redes

Ignated at 24 F.R. 10952, Dec. 80, 1959) ticles, or equipment required under the contract, such dealer will be deemed the agent of the manufacturer in executing & 50–201.501 Records of employment. the contract. As the principal of such agent the manufacturer will be deemed

Every contractor subject to the provito have agreed to the stipulations con

sions of the act and this part shall maintained in the contract.

tain the following records of employ(1 PR. 2359, Nov. 28, 1936. Redesignated at

ment which shall be available for the in24 FR. 10952, Dec. 30, 1959)

spection and transcription of authorized

representatives of the Secretary of $ 50–201.105 Protection against unin

Labor:
tentional employment of underage
minors.

(a) Name, address, sex, and occupa

tion of each employee covered by the An employer shall not be deemed to

contract stipulations. have knowingly employed an underage

(b) Date of birth of each employee unminor in the performance of contracts subject to the act if, during the period of

der 19 years of age; and if the employer the employment of such minor, the em

has obtained a certificate of age as proployer has on file an unexpired certificate

vided in 8 50–201.105, there shall also be of age issued and held pursuant to regu

recorded the title and address of the lations issued by the Secretary of Labor

ofice issuing such certificate, the num

ber of the certificate, if any, the date of under section 3(1) of the Fair Labor Standards Act of 1938 (29 CFR Part 401),

its issuance, and the name, address and showing that such minor is at least 16

date of birth of the minor, as the same years of age, if & male, or at least 18

appears on the certificate of age. years of age, if a female.

(c) Wage-and-hour records for each (18 FR. 6440, Sept. 17, 1948. Redesignated

such employee including the rate of at 24 F.R. 10952, Dec. 30, 1959)

wages and the amount paid each pay pe

riod, the hours worked each day and $ 50_201.106 Hours worked.

each week, and the period during which In determining the hours for which an each such employee was engaged on a employee is employed, there shall be Government contract with the number excluded any time which is excluded by

of such contract. Compliance with this section 3(0) of the Fair Labor Standards paragraph shall be deemed complete if Act of 1938, as amended, from the com

wage-and-hour records for all employees putation of hours worked for purposes

in the plant are maintained during the of sections 6 and 7 of that act.

period between the award of any Gov(18 PR. 1832, Apr. 2, 1953. Redesignated at

ernment contract and the date of deliv24 F.R. 10952, Dec. 30, 1969)

ery of the materials, supplies, articles,

or equipment: Provided, That where no 8 50–201.201 Breach of stipulations.

separate records for employees engaged (a) Whenever the Department of on Government contracts are mainLabor notifies the head of a contracting tained, it shall be presumed until afirmagency that a contractor is liable for ative proof is present to the contrary that

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