« PreviousContinue »
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 Secre50-201.104 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, 60-201.106 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. 60-201.502 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 terlals, supplies, articles, or equipment used and exemptions.
in the performance of the contract shall be 50–201.603 Full administrative exemptions. permitted to work in excess of 8 hours in any 50–201.604 Partial administrative exemp- i 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 2038, as amended; 41 U.S.C. 40.
• in excess of 12 in any 1 day or in excess of
66 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 establishment, or other agency or in
any 1 day or in excess of 40 in any 1 week.
(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 REPRESENTATIONS AND STIPULATIONS PURSUANT
safety of em
engaged in the erformTO PUBLIC LAW 846, 74TH CONGRESS
ance of the contract. Compliance with the
safety, sanitary, and factory inspection laws (a) The contractor is 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 (1) The foregoing stipulations shall be paragraph.
deemed inoperative if this contract is for (1) Any breach or violation of any of the a defnite amount not in excess of $10.000. foregoing representations and stipulations shall render the party responsible therefor
17 F.R. 4494, June 16, 1942, as amended at llable to the United States of America for
7 F.R. 11086, Dec. 30, 1942, 11 FR. 6238, June liquidated damages, in addition to damages
8, 1946, 27 F.R. 306, Jan. 11, 1962, 27 F.R. for any other breach of the contract, in the
4556, May 12, 1962. Redesignated at 24 F.R. sum of $10 per day for each male person
10952, Dec. 30, 1959) under 16 years of age or each female person
8 50–201.2 Statutory exemptions. under 18 years of age, or each convict laborer knowingly employed in the performance of Inclusion of the stipulations enumer the contract, and a sum equal to the amount ated in $ 50–201.1 is not required in the of any deductions, rebates, refunds, or un
following instances: derpayment of wages due to any employee engaged in the performance of the contract;
(a) Where the contracting officer is and, in addition, the agency of the United authorized by the express language of a States entering into the contract shall have statute to purchase "in the open marthe right to cancel same and to make open
ket”, or where a purchase of articles, market purchases or enter into other con
supplies, materials or equipment, either tracts for the completion of the original contract, charging any additional cost to
in being or virtually so, is made without the original contractor. Any sums of money
advertising for bids under circumstances due to the United States of America by
bringing such purchase within the exreason of any violation of any of the rep- ception to the General Purchase Statresentations and stipulations of the contract ute, R.S. 3709, that is, where immediate as set forth herein may be withheld from delivery is required by the public any amounts due on the contract or may be
exigency. recovered in a suit brought in the name of the United States of America by the Attorney
(b) Where the contract relates to perGeneral thereof. All sums withheld or re- ishables, including dairy, livestock, and covered as deductions, rebates, refunds, or nursery products (“perishables” covers underpayments of wages shall be held in a products subject to decay or spoilage and special deposit account and shall be paid, not products canned, salted, smoked, or on order of the Secretary of Labor, directly otherwise preserved); to the employees who have been paid less
(c) Where the contract relates to than minimum rates of pay as set forth in such contracts and on whose account such
agricultural or farm products processed sums were withheld or recovered: Provided,
for first sale by the original producers; That no claims by employes for such pay- (d) Where the contract is by the Secments shall be entertained unless made
retary of Agriculture for the purchase of within 1 year from the date of actual notice to the contractor of the withholding or re
agricultural commodities or the products covery of such sums by the United States of
(e) Where the contract is with a com(g) The contractor shall post a copy of mon carrier for carriage of freight or the stipulations in a prominent and readily personnel by vessel, airplane, bus, truck, accessible place at the site of the contract
express, or railway line, where published work and shall keep such emolovment rec
tariff rates are in effect; ords as are required in the regulations under the act available for inspect'on by authorized (f) Where the contract is for the representatives of the Secretary of Labor. furnishing of service by radio, telephone,
(h) The contractor is not a person who is telegraph, or cable companies, subject to ineligible to be awarded Government con
the Federal Communications Act of 1934 tracts by virtue of sanctions imposed pur
(48 Stat. 1064 as amended; 47 U.S.C. suant to the provisions of section 3 of the
Chapter 5). act. (1) No part of the contract shall be per
(Regs. 504, 1 F.R. 1626, Sept. 19, 1936, AS formed and none of the materials, articles,
amended at 9 F.R. 8347, July 22, 1944. Resupplies or equipment manufactured or fur
designated at 24 F.R. 10952, Dec. 30, 1959] nished under the contract shall be manu
& 50–201.101 Manufacturer or regular factured or furnished by any person found
dealer. bv the Secretary of Labor to be ineligible to be awarded Government contracts pur- A bidder or contractor shall be deemed suant to section 3 of the act.
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 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 8 50–201.104 such materials, supplies, articles 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 farms or for spreading such materials on fields,
The stipulations shall be deemed apwho has made arrangements to purchase
plicable only to employees engaged in or 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 of business in which materials, supplies,
sional capacity, as those terms are de
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 of business.
(18 F.R. 1832, Apr. 2, 1953. Redesignated at
24 F.R. 10952, Dec. 30, 1959) (9) A regular dealer in raw or unmanufactured cotton linters may be a
$ 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 half 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 dificult 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, 1952,
hours without payment of the overtime 18 F.R. 1471, Mar. 14, 1953, 18 F.R. 2294, Apr.
rate. 21, 1953, 20 F.R. 4820, July 2, 1955, 21 F.R. 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 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 PR. 4494, June 16, 1942, as amended at tion of the case. 18 F.R. 1832, Apr. 2, 1963. Redesignated at (b) Whenever & final determination 24 FR. 10952, Dec. 30, 1959)
of a breach of stipulations is made, the $ 50–201.104 Dealer as agent of undis- Secretary of Labor will furnish to the closed principal.
contracting agency a copy of the indings Whenever & dealer, to whom a con
and decision with such recommendations tract within the act and regulations in
as will assist the contracting agency in this part has been awarded, causes a
determining whether or not the contract
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. 10962, 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 8 50–201.105 Protection against unin
(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 minor in the performance of contracts
(b) Date of birth of each employee unsubject 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 g 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
office issuing such certificate, the numunder section 3(1) of the Fair Labor
ber of the certificate, if any, the date of 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 a 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 P.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 FR. 1832, Apr. 2, 1953. Redesignated at
ernment contract and the date of deliv24 F.R. 10952, Dec. 30, 1959)
ery of the materials, supplies, articles, $ 50–201.201 Breach of stipulations.
or equipment: Provided, That where no
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 affirmagency that a contractor is liable for ative proof is present to the contrary that