« PreviousContinue »
PART 50_210_STATEMENTS OF GEN- rescinded.
ERAL POLICY AND INTERPRETA. (12 F.R. 3916, June 17, 1947. Redesignated at TION NOT DIRECTLY RELATED TO
24 F.R. 10952, Dec. 30, 1959) REGULATIONS
NOTE: The text of $ 50–210.0 General en
forcement policy is identical to that of $ 775.0 Sec.
under 29 CFR Chapter V. 50–210.0 General enforcement policy. 50–210.1 Coverage under the Walsh-Healey
& 50–210.1 Coverage under the WalshPublic Contracts Act of truck
Healey Public Contracts Act of truck drivers employed by oil dealers. drivers employed by oil dealers. AUTHORITY: The provisions of this part 50 (a) The Division of Public Contracts 210 issued under sec. 4, 49 Stat. 2038; 41 returns to the interpretation contained U.S.C. 38.
in Rulings and Interpretations No. 21 $ 50–210.0 General enforcement policy.
with respect to coverage under the
Walsh-Healey Public Contracts Act of (a) In order to clarify at this time the
truck drivers employed by oil dealers, practices and policies which will guide
by amending section 40(e) (1) of Rulings the administration and enforcement of
and Interpretations No. 3° to read as the Fair Labor Standards Act of 1938 (52
follows: Stat. 1060, as amended, 29 U.S.C. 201
(1) Where the contractor is a dealer, 219), and the Walsh-Healey Public Con
the act applies to employees at the centracts Act (49 Stat. 2036, as amended;
tral distributing plant, including ware41 U.S.C. 35-45), as affected by the
housemen, compounders, and chemists Portal-to-Portal Act of 1947 (Pub. Law
testing the lot out of which the Govern49, 80th Cong.), the following policy is
ment order is filled, the crews engaged announced effective June 30, 1947:
in loading the materials in vessels, tank (b) The investigation, inspection and
cars or tank wagons for shipment, and enforcement activities of all officers and
truck drivers engaged in the activities agencies of the Department of Labor as
described in section 37(m) above. Howthey relate to the Fair Labor Standards
ever, the contractor is not required to Act (52 Stat. 1060, as amended, 29 U.S.C.
show that the employees at the bulk 201-219) and the Walsh-Healey Public
stations, including truck drivers, are emContracts Act of June 30, 1936 (49 Stat.
ployed in accordance with the standards 2036, as amended; 41 U.S.C. 35-45), will
of the act. (Balk stations as the term be carried out on the basis that all em
is used herein are intermediate points ployers in all industries whose activities
of storage between a central distributing are subject to the provisions of the Fair
plant and service stations.) Labor Standards Act (52 Stat. 1060, as amended; 29 U.S.C. 201-219) or the
(12 F.R. 2477, Apr. 17, 1947. Redesignated
at 24 F.R. 10952, Dec. 30, 1969) Walsh-Healey Public Contracts Act (49 Stat. 2036, as amended; 41 U.S.C. 35-45) are responsible for strict compliance with
1 Not alled with the otice of the Federal the provisions thereof and the regula
Register. tlons issued pursuant thereto.
(c) Any statements, orders, or in * Refers to Rulings and Interpretations structions inconsistent herewith are No. 3.
CHAPTER 51—COMMITTEE ON PURCHASES
OF BLIND-MADE PRODUCTS
By the Wagner-O'Day Act of June 25, 1938 (52 Stat. 1196; 41 U.S.C. 46–48), all Federal departments and agencies are required to purchase their requirements of brooms, mops and other suitable commodities from agencies for the blind unless such commodities are available for procurement from Federal Prison Industries, Inc. & 51-1.3 National Industries for the
Blind designated. National Industries for the Blind (hereinafter referred to as “National Industries") is designated as the agency to facilitate the equitable distribution of Government orders among the agencies for the blind.
PART 51-1-PURCHASES OF BLIND
MADE PRODUCTS Sec. 51-1.1 Definitions. 51-1.2
Policy. 51-1.3 National Industries for the Blind
Responsibilities of National Indus
Schedule of Blind-Made Products. 51-1.6 Price determination. 51-1.7 Purchase procedure. 51-1.8 Clearances. 51-1.9 Agencies for the blind; participa
tion. 51-1.10 Reports. 51-1.11 Violations.
AUTHORITY: The provisions of this part 51-1 issued under sec. 2, 52 Stat. 1196; 41 U.S.C. 47.
SOURCE: The provisions of this part 61-1 appear at 26 F.R. 3641, Apr. 28, 1961, unless otherwise noted. 8 51-1.1 Definitions. As used in this part:
(a) "Blind" means a person having visual acuity not to exceed 20/200 in the better eye with correcting lenses; or visual acuity greater than 20/200 but with a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees.
(b) "Non-profit-making agency for the blind" (hereinafter referred to as "agency for the blind") means any organization, organized under the laws of the United States or any State, operated in the interest of the blind, the net income of which does not inure in whole or in part to the benefit of any shareholder or individual and which employs blind persons to an extent constituting not less than 75 percent of the total hours of employment of all personnel engaged in the direct labor of manufacturing, assembling, or handling of all articles by the agency for the blind, whether for this program or otherwise. Direct labor includes all work required for preparation, processing and packing, but not supervision, administration, inspection and shipping.
(c) "Ordering office” means any Fed. eral department, independent establishment, board, commission, bureau, seryice, or division of the United States, and any wholly-owned Government corporation. 126 F.R. 3641, Apr, 28, 1961, as amended at 29 F.R. 5796, May 1, 1964)
8 51-1.4 Responsibilities of National
Industries. (a) National Industries is delegated the responsibility to assure that these regulations and the intent of the Wagner-O'Day Act are carried out in the allocation of Government orders to agencies for the blind.
(b) National Industries will maintain a record of all qualifying agencies for the blind and such necessary data as will enable it to equitably allocate ord among such agencies for the blind.
(c) While safety and other working conditions at facilities of the agencies for the blind are the responsibility of other Federal, State, and local regulatory agencies, National Industries should report to the government body of the agency for the blind any violation coming to its attention which cannot be corrected through discussion with the head of the agency for the blind involved. & 51-1.5 Schedule of Blind-Made Prod
ucts. The Committee on Purchases of BlindMade Products (hereinafter referred to as the "Committee") will issue to ordering offices, through the Federal Supply Service, General Services Administration, a Schedule of Blind-Made Products (hereinafter referred to as the “Schedule”) setting forth data concerning commodities which will be procured from the agencies for the blind. Such data will include the item description, covering specifications, price, and other pertinent information.