WALSH-HEALEY PUBLIC CONTRACTS ACT

(b) For certain specific products (lumber and lumber products, machine tools, hay, grain, feed or straw, raw cotton, green coffee, petroleum, agricultural Timing materials, tea, and raw or unmanufactured cotton linters), there are alternative definitions of regular dealers. The qualifications required under the alternative definitions are listed in the regulations of the Secretary of Labor (41 C.F.R. 50-201.101(b)).

12.603-3 Coal Dealers. Coal dealers are exempted from the regular dealer requirements if they meet the terms and conditions set forth by the Secretary of Labor in his regulation (41 C.F.R. 50-201.604(a)). If these terms and conditions are not met, coal dealers must meet the requirements set forth in 12.603-2 in order to be considered regular dealers.

12.603-4 Agents. A manufacturer or regular dealer may bid, negotiate, and contract through an authorized agent if the agency is disclosed, and the agent acts and contracts in the name of his principal. In this connection, see the clause entitled "Covenant Against Contingent Fees" set forth in 1.503 and the procedures prescribed for obtaining information concerning contingent or other fees, as set forth in Part 1, Subpart 5. 12.604 Responsibilities of Contracting Officers.

(a) The responsibliity for applying the eligibility requirements set forth in 12.601 and 12.603 rests, in the first instance, with the contracting officer. The Department of Labor does not conduct pre-award investigations, nor render final determinations of eligibility until the contracting officer has initially determined whether the eligibility requirements have been met. When the eligibility of a bidder or offeror is challenged before award, it should be treated in a manner similar to a protest before award (see 2.407-8 and 3.111). The contracting officer should make an initial determination and should process the protest in accordance with applicable procedures for submission to the Department of Labor for a final determination.

(b) Whenever the Walsh-Healey Public Contracts Act is applicable, the contracting officer, pursuant to regulations or instructions issued by the Secretary of Labor, shall:

(i) inform prospective contractors of the applicability of minimum wage determinations;

(ii) furnish to the contractor Labor Department Form PC-13, a combination Letter and Poster, explaining the application of the WalshHealey Public Contracts Act and giving instructions for display of the Poster:

(iii) furnish to the contractor Labor Department Form PC-16, "Minimum Wage Determinations under the Walsh-Healey Public Contracts Act", for ascertaining the mimimum wage determinations applicable to his contract;

(iv) prepare and transmit to the Department of Labor the original and one copy of revised Standard Form 99, "Notice of Award of Contract" immediately upon award of the contract (For detailed instructions on completing and submitting the Form, see U.S. Department of Labor Circular Letter No. 2-65, dated December 10, 1965), and

(v) report to the Department of Labor any violations of the representations or stipulations required by the Walsh-Healey Public Contracts Act. 12.605 Contract Clause. The contract clause required by this Subpart 6 is as follows:

NASA PROCUREMENT REGULATION

12.605

LABOR

WALSH-HEALEY PUBLIC CONTRACTS ACT (SEPTEMBER 1962)

If this contract is for the manufacture or furnishing of materials, supplies, articles, or equipment in an amount which exceeds or may exceed $10,000 and is otherwise subject to the Walsh-Healey Public Contracts Act, as amended (41 U.S.C. 35-45), there are hereby incorporated by reference all representations and stipulations required by said Act and regulations issued thereunder by the Secretary of Labor, such representations and stipulations being subject to all applicable rulings and interpretations of the Secretary of Labor which are now or may hereafter be in effect.

12.606 Procedure for Obtaining Exemptions With Respect to Stipulations Required by the Act. Section 6 of the Walsh-Healey Public Contracts Act permits the Secretary of Labor to make exceptions to the requirement that the representations and stipulations of Section 1 of the Act be included in contracts which are subject to the Act. Applications for such exceptions shall be submitted in writing through the contracting officer with pertinent data and recommendation to the Director, NASĂ Office of Industrial Relations, NASA Headquarters (Code QL).

12.607 Wage and Hour and Public Contracts Divisions of the United States Department of Labor Regional Offices-Geographical Jurisdictions and Addresses of Regional Directors.

Atlanta Region (Florida, Georgia, North Carolina, South Carolina): Room 331, 1371 Peachtree Street NE., Atlanta, Georgia 30309.

Birmingham Region (Alabama, Arkansas, Louisiana, Mississippi): 1931 9th Avenue South, Birmingham, Alabama 35205.

Boston Region (Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont): John Fitzgerald Kennedy Federal Building, Government Center, Boston, Massachusetts 02203.

Chicago Region (Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin): United States Courthouse and Federal Office Building, 7th Floor, 219 South Dearborn Street, Chicago, Illinois 60604.

Dallas Region (New Mexico, Oklahoma, Texas): 340 Mayflower Building, 411 North Akard Street, Dallas, Texas 75201.

Kansas City Region (Colorado, Iowa, Kansas, Missouri, Montana, Nebraska, North Dakota, South Dakota, Utah, Wyoming): 2000 Federal Office Building, 911 Walnut Street, Kansas City, Missouri 64106.

Nashville Region (Kentucky, Tennessee, Virginia, West Virginia): United States Court House Building, 801 Broad Street, Nashville, Tennessee 37203.

New York Region (New Jersey, New York): 907 United States Parcel Post Building, 341 Ninth Avenue, New York, New York 10001.

Philadelphia Region (Delaware, District of Columbia, Maryland, Pennsylvania): Room 1524, Jefferson Building, 1015 Chestnut Street, Philadelphia, Pennsylvania 19107.

San Francisco Region (Alaska, Arizona, California, Hawaii, Idaho, Nevada, Oregon, Washington): Room 10431, 450 Golden Gate Avenue, Box 36018, San Francisco, California 94102.

Puerto Rico: 7th Floor, Condominio San Alberto Building, 1200 Ponce de Leon Avenue, Stop 17, Santurce, Puerto Rico 00907.

12.606

CFR TITLE 41 CHAPTER 18

Subpart 7-Fair Labor Standards Act of 1938

12.701 Basic Statute. The Fair Labor Standards Act of 1938 (Act of June 30, 1938; 29 U.S.C. 201-219), as amended, provides for the establishment of minimum wage and maximum hour standards, creates a Wage and Hour Division in the Department of Labor for purposes of interpretation and enforcement (including investigations and inspections of Government contractors), prohibits oppressive child labor, and under an amendment contained in the Equal Pay Act of 1963 (77 Stat. 56, 29 U.S.C. 206), prohibits discrimination on the basis of sex. The Fair Labor Standards Act applies to all employees, unless otherwise exempted, who are engaged in (i) interstate commerce or foreign commerce, (ii) the production of goods for such commerce, or (iii) any closely related process or occupation essential to such production.

12.702 [Reserved]

12.703 Rulings on Applicability or Interpretation. Contractors or contractor employees who inquire concerning applicability or interpretation of the Fair Labor Standards Act of 1938 shall be advised that rulings concerning such matters fall within the jurisdiction of the Department of Labor and shall be given the address of the appropriate Regional Director of the Wage and Hour and Public Contracts Divisions of the Department of Labor.

NASA PROCUREMENT REGULATION

Subpart 8-Equal Employment Opportunity

12.800 Scope of Subpart. This Subpart sets forth policies and procedures for carrying out the requirements of Executive Order No. 11246 of September 24, 1965 (30 F.R. 12319), Executive Order No. 11375 of October 13,1967 (32 F.R. 14303), and the rules and regulations of the Secretary of Labor (41 CFR, Chapter 60).

12.801 Policy.

(a) Executive Orders 11246 and 11375 require that all Government contracting agencies shall include the Equal Opportunity clause in all nonexempt Government contracts and shall act to insure compliance with the clause and the regulations of the Secretary of Labor to promote the full realization of equal employment opportunity for all persons, regardless of race, color, religion, sex, or national origin.

(b) Disputes related to the Equal Opportunity Program shall be handled pursuant to the provisions of the appropriate Equal Opportunity clause in Government contracts, agreements, and subcontracts, which specify that the contractor shall comply with the rules, regulations, and relevant orders of the Secretary of Labor. Those rules, regulations, and relevant orders prescribe particular procedures for handling disputed

matters.

(c) No contract or modification thereto involving new procurement shall be entered into and no subcontract shall be approved with a company which has been declared ineligible under, or found to be in noncompliance with, the Equal Opportunity Program, in accordance with the procedures set forth in this Subpart.

12.802 Definitions. As used in this Subpart the following terms have the meanings stated below:

(a) "Administering agency" as used in the clause means any department, agency and establishment in the Executive Branch of the Government, including any wholly-owned Government corporation, which administers a program involving Federally assisted construction contracts. (b) "Applicant" means an applicant for Federal assistance involving a construction contract, or other participant in a program involving a Federally assisted construction contract as determined by regulation of an administering agency. The term also includes such persons after they become recipients of such Federal assistance.

(c) "Construction work" means the construction, rehabilitation, alteration, conversion, extension, demolition, or repair of buildings, highways, or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection and other on-site functions incidental to the actual construction.

(d) "Contract" means any Government contract or any Federally assisted construction contract.

(e) "Director, OFCC," means the Director, Office of Federal Contract Compliance, United States Department of Labor, or any person to whom he delegates authority.

(f) "Equal Opportunity clause" means the contract provisions as set forth in 12.804(a) or (b), as appropriate.

(g) "Federally assisted construction contract" means any agreement or modification thereof between any applicant and a person for construction work which is paid for in whole or in part with funds obtained from the Government or borrowed on the credit of the Government pursuant to any Federal program involving a grant, contract, loan, insurance, or

NASA PROCUREMENT REGULATION

LABOR

guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, or any application or modification thereof approved by the Government for a grant, contract, loan, insurance, or guarantee under which the applicant itself participates in the construction work.

(h) "Government contract" means any agreement or modification thereof between any contracting officer of NASA and any person for the furnishing of supplies or services or for the use of real or personal property, including lease arrangements. The term "services," as used in this paragraph includes, but is not limited to the following services: utility, construction, transportation, research, insurance, and fund depositary. The term "Government contract" does not include (1) agreements in which the parties stand in the relationship of employer and employee, and (2) Federally assisted construction contracts, and (3) contracts for the sale of personal property by the Government, and for the sale or purchase of real property by the Government.

(i) “Order” means Parts II, III, and IV of Executive Order No. 11246 of September 24, 1965 (30 F.R. 12319), and any Executive Order amending such Order, and any other Executive order superseding such Order.

(j) "Recruiting and training agency" means any person who refers workers to any contractor or subcontractor, or who provides or supervises apprenticeship or training for employment by any contractor or

subcontractor.

(k) "Site of construction" means the general physical location of any building, highway, or other change or improvement to real property which is undergoing construction, rehabilitation, alteration, conversion, extension, demolition, or repair and any temporary location or facility at which a contractor, subcontractor or other participating party meets a demand or performs a function relating to the contract or subcontract.

(1) "United States" As used herein shall include the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Panama Canal Zone, and the possessions of the United States.

(m) "Subcontract" means any agreement or arrangement between a contractor and any person (in which the parties do not stand in the relationship of an employer and an employee): (i) for the furnishing of supplies or services or for the use of real or personal property, including lease arrangements, which, in whole or in part, is necessary to the performance of any one or more contracts; or (ii) under which any portion of the contractor's obligation under any one or more contracts is performed, undertaken, or assumed.

(n) "Subcontractor" means any person holding a subcontract and any person who has held a subcontract subject to the Order, the term "firsttier subcontractor" refers to a subcontractor holding a subcontract with a prime contractor.

(0) "Contractor Equal Opportunity Office (CEO)" means the NASA office which is responsible for the NASA Contract Compliance Program.

(p) "Compliance Agency" means the Department or Agency designated by the Department of Labor to conduct compliance reviews and to under take such other responsibilities in connection with the administration of the Equal Employment Opportunity Program as the Department of Labor may determine to be appropriate.

12.803 Administration.

12.803

CFR TITLE 41 CHAPTER 18