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CHAPTER 50—PUBLIC CONTRACTS,

DEPARTMENT OF LABOR

Page 147 155 158 165

Part
50–201 General regulations
50–202 Minimum wage determinations
50-203 Rules of practice .
50–204 Safety and health standards for Federal supply contracts
50-205 Enforcement of safety and health standards by State officers and

employees
50-210 Statements of general policy and interpretation not directly related

to regulations 50-250 Veterans' Employment Emphasis under Federal contracts

179

180 181

NOTE: Other regulations issued by the Department of Labor appear in Titles 20 and 29.

PART 50-201-GENERAL REGULA

Sec.
TIONS

50–201.1202 Complaints.

50-201.1203 Other contracts. Sec. 60-201.1 Insertion of stipulations.

AUTHORITY: The provisions of this Part 50-201.2 Statutory exemptions.

50-201 issued under sec. 4, 49 Stat. 2038; 41 50-201.101 Manufacturer or regular deale.

U.S.C. 38. Interpret or apply sec. 6, 49 Stat. 60-201.102 Employees affected.

2038, as amended; 41 U.S.C. 40, unless other

wise noted. 50-201.108 Overtime. 50-201.104 Dealer as agent of undisclosed $ 50–201.] Insertion of stipulations.

principal. 60-201.105 Protection against uninton

Except as hereinafter directed, in every tional employment of under- contract made and entered into by an &ge minors.

executive department, independent es50-201.106 Hours worked.

tablishment, or other agency or instru60-201.201 Breach of stipulations.

mentality of the United States, or by 50-201.501 Records of employment.

the District of Columbia, or by any cor50-201.502 Record of injuries. 60-201.601 Requests for exceptions and os.

poration all the stock of which is beneemptions.

ficially owned by the United States, for 60-201.802 Decisions concerning excope

the manufacture or furnishing of mations and exemptions.

terials, supplies, articles, and equipment, 50–201.803 Full administrativo oxemp- the contracting officer shall cause to be tions.

inserted or incorporated by reference in 60-201.609 Partial administrativo exempe

such invitation or the specifications tions.

and in such contract, the following 80-201.701 Definition of "person."

stipulations: 80-201.1101 Minimum wages. 80–201.1102 Tolerance for apprentices, stu

REPRESENTATIONS AND STIPULATIONS PURSUANT dent-learners, and bandi.

TO PUBLIC LAW 846, 74TH CONGRESS capped workers.

(a) The contractor is the manufacturer of 80–201.1201 Reports of contracts awarded. or a regular dealer in the materials, supplies, articles, or equipment to be manufactured sum of $10 per day for each person under or used in the performance of the contract. 16 years of age, or each convict laborer knor.

(b) All persons employed by the contrac- ingly employed in the performance of the tor in the manufacture or furnishing of the contract, and a sum equal to the amount of materials, supplies, articles, or equipment any deductions, rebates, refunds, or underused in the performance of the contract will payment of wages due to any employee enbe paid, without subsequent deduction or gaged in the performance of the contract; rebate on any account, not less than the and, in addition, the agency of the United minimum wages as determined by the Secre- States entering into the contract shall have tary of Labor to be the prevailing minimum the right to cancel same and to make openwages for persons employed on similar work market purchases or enter into other conor in the particular or similar industries or tracts for the completion of the original groups of industries currently operating in contract, charging any additional cost to the the locality in which the materials, supplies, original contractor. Any sums of money articles, or equipment are to be manufac- due to the United States of America by tured or furnished under the contract.

reason of any violation of any of the rep (c) No person employed by the contractor resentations and stipulations of the contract in the manufacture or furnishing of the ma- as set forth herein may be withheld from terials, supplies, articles, or equipment used any amounts due on the contract or may be in the performance of the contract shall be recovered in a suit brought in the name of permitted to work in excess of 8 hours in any the United States of America by the Attorney 1 day or in excess of 40 hours in any 1 week General thereof. All sums withheld or rounless such person is paid such applicable covered as deductions, rebates, refunds, or overtime rate as has been set by the Secre- underpayments of wages shall be held in a tary of Labor: Provided, however, That the special deposit account and shall be paid, provisions of this stipulation shall not apply on order of the Secretary of Labor, directly to any employer who shall have entered into

to the employees who have been paid less an agreement with his employees pursuant than minimum rates of pay as set forth in to the provisions of paragraphs 1 or 2 of sub- such contracts and on whose account such section (b) of section 7 of an act entitled

sums were withheld or recovered: Provided, "The Fair Labor Standards Act of 1938":

That no claims by employes for such payProvided, further, That in the case of such

ments shall be entertained unless made an employer, during the life of the agree

within 1 year from the date of actual notice ment referred to the applicable overtime rate to the contractor of the withholding or reset by the Secretary of Labor shall be pai

covery of such sums by the United States of for hours in excess of 12 in any 1 days or in America. excess of 56 in any week and if such over

(g) The contractor shall post & copy of time is not paid, the employer shall be re

the stipulations in a prominent and readily quired to compensate his employees during

accessible place at the site of the contract that week at the applicable overtime rate

work and shall keep such employment recset by the Secretary of Labor for hours in

ords as are required in the regulations under excess of 8 in any 1 day or in excess of 40 in

the act avallable for inspection by authorized any 1 week.

representatives of the Secretary of Labor. (d) No person under 18 years of age and no

(h) The contractor 18 not a person who is convict labor will be employed by the con- ineligible to be awarded Government contractor in the manufacture or production tracts by virtue of sanctions imposed puror furnishing of any of the materials, sup- suant to the provisions of section 3 of the plies, articles, or equipment Included in the

act. contract.

(1) No part of the contract shall be por(e) No part of the contract will be per- formed and none of the materials, articles, formed nor will any of the materials, sup- supplies or equipment manufactured or furplies, articles, or equipment to be manufac- nished under the contract shall be manutured or furnished under said contract be factured or furnished by any person found manufactured or fabricated in any plants, by the Secretary of Labor to be ineligible factories, buildings, or surroundings or under to be awarded Government contracts purworking conditions which are unsanitary or suant to section 3 of the act. hazardous or dangerous to the health and (1) The foregoing stipulations shall be safety of employees engaged in the perform. deemed inoperative this contract is for ance of the contract. Compliance with the & definite amount not in excess of $10,000. Bafety, sanitary, and factory inspection laws 17 F.R. 4494, June 16, 1942, as amended at of the State in which the work or part 7 F.R. 11086, Dec. 30, 1942, 11 F.R. 6238, Juno thereof 18 to be performed shall be prima

8, 1946, 27 F.R. 306, Jan. 11, 1962, 27 FR. lacle evidence of compliance with this 4556, May 12, 1962; 34 F.R. 6687, Apr. 19. paragraph.

1969; 34 F.R. 7451, May 8, 1969. Redesignated, (1) Any breach or violation of any of the

24 F.R. 10952, Dec. 30, 1959) foregoing representations and stipulations shall render the party responsible therefor

8 50–201.2 Statutory exemptions. Uable to the United States of America for Inclusion of the stipulations enumeruquidated damages, in addition to damages ated in $ 50-201.1 is not required in the for any other breach of the contract, in the following instances:

(a) Where the contracting officer is stock, and sold to the public in the usual authorized by the express language of & course of business. statute to purchase “in the open mar- (1) A regular dealer in lumber and ket”, or where a purchase of articles, timber products, if a wholesale lumber supplies, materials or equipment, either dealer, may be a person who owns, operin being or virtually 80, is made without ates, or maintains a place of business in advertising for bids under circumstances which the materials, supplies, articles, bringing such purchase within the ex- or equipment of the general character ception to the General Purchase Stat- described by the specifications and reute, R.S. 3709, that is, where immediate quired under the contract are bought delivery is required by the public for the account of such person and sold exigency.

to the public in the usual course of (b) Where the contract relates to per- business: Provided, That at least more Ishables, including dairy, livestock, and than 50 percent of his business is such nursery products (“perishables" covers purchase and sale of such materials, products subject to decay or spoilage and supplies, articles, or equipment; And not products canned, salted, smoked, or provided further, That upon all orders to otherwise preserved);

manufacturers for direct shipment to (C) Where the contract relates to the United States he agrees to insert a agricultural or farm products processed notice to the manufacturer to the effect for first sale by the original producers; that the supplies are purchased for the

(d) Where the contract is by the Sec- United States and that the manufacretary of Agriculture for the purchase of turer is within the terms of $ 50-201.104 agricultural commodities or the products requiring compliance with the provisions thereof;

of the Public Contracts Act. (e) Where the contract is with a com- (2) A machine tool dealer may be a mon carrier for carriage of freight or person possessing, through contract or personnel by vessel, airplane, bus, truck, agreement with a manufacturer, the reexpress, or railway line, where published sponsibility for selling that manufacturtariff rates are in effect;

er's products, with respect to a specific (f) Where the contract is for the territory and who is authorized by such furnishing of service by radio, telephone, manufacturer to offer its products and to telegraph, or cable companies, subject to negotiate and conclude contracts for the the Federal Communications Act of 1934 furnishing thereof: Provided, That upon (48 Stat. 1064 as amended; 47 U.S.C. all orders to manufacturers for direct Chapter 5).

shipment to the United States he agrees (Regs. 504, 1 F.R. 1626, Sept. 19, 1936, as to insert a notice to the manufacturer to amended at 9 F.R. 8347, July 22, 1944. Ro- the effect that the supplies are purchased designated, 24 F.R. 10952, Dec. 30, 1959) for the United States and that the man& 50_201.101 Manufacturer or regular

ufacturer is within the terms of dealer.

$ 50–201.104 requiring compliance with

the provisions of the Public Contracts A bidder or contractor shall be deemed

Act. to be a "manufacturer" or "regular dealer" within the meaning of the stipu

(3) A regular dealer in hay, grain, iation required by section 1(a) of the

feed, or straw may be a person who owns, act and $ 50–201.1(a) if he falls within

operates, or maintains & store, wareone of the following categories:

house, or other place of business in which (a) A manufacturer is a person who

the materials, supplies, articles, owns, operates, or maintains a factory

equipment of the general character de

scribed by the specifications and required or establishment that produces on the premises the materials, supplies, articles,

under the contract are bought for the or equipment required under the con

account of such person and sold to the tract and of the general character de

public in the usual course of business, scribed by the specifications.

and whose principal business is such (b) A regular dealer is a person who purchase and sale of such materials, owns, operates, or maintains a store, supplies, articles, or equipment. warehouse, or other establishment in (4) A regular dealer in raw cotton which the materials, supplies, articles, or may be a person who owns, operates or equipment of the general character de- maintains a store, warehouse, or other scribed by the specifications and required place of business in which materials, under the contract are bought, kept in supplies, articles or equipment of the

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general character described by the specifications and required under the contract are bought for the account of such person and sold to the public in the usual course of business, and whose principal business is such purchase and sale of such materials, supplies, articles or equipment.

(5) A regular dealer in green coffee may be a person who owns, operates or maintains a store, warehouse, or other place of business in which materials, supplies, articles or equipment of the general character described by the specifications and required under the contract are bought for the account of such person and sold to the public in the usual course of business, and whose principal business is such purchase and sale of such materials, supplies, articles or equipment.

(6) A regular dealer in petroleum may be a person who owns, operates, or maintains petroleum distribution equipment and a store, warehouse, or other place of business in which petroleum products of the general character described by the specifications and required under the contract are bought for the account of such person and sold to the public in the usual course of business, and whose principal business is such purchase and sale of such petroleum products.

(7) A regular dealer in agricultural llming materials may be a person who owns or controls the necessary equipment customarily required for delivering agricultural liming materials to farms or for spreading such materials on fields, who has made arrangements to purchase liming materials of the general character described by the specifications and required under the contract from a manufacturer, and who offers such material for sale to the public in the usual course of business.

(8) A regular dealer in tea may be an importer who owns, operates, or maintains & store, warehouse, or other place of business in which materials, supplies, articles or equipment of the general character described by the specifications and required under the contract are bought for the account of such person and sold to the public in the usual course of business.

(9) A regular dealer in raw or unmanufactured cotton linters may be a person who owns, operates or maintains å store, warehouse, or other place of

business in which materials, supplies, articles, or equipment of the general character described in the specifications and required under the contract are bought for the account of such person and sold to the public in the usual course of business, and whose principal business is such purchase and sale of such materials, supplies, articles, or equipment.

(10) A regular dealer in used automatic data processing equipment may be a person who owns or controls previously owned or used items, materials, supplies, articles, or equipment of the general character described in the specifications and required under the contract and who offers such items for sale to the public in the usual course of business and whose principal business is the purchase and sale of such items, materials, supplies, articles, or equipment.

(c) (1) Except as hereinafter provided, every bid received from any bidder who does not fall within one of the foregoing categories shall be rejected by the contracting officer.

(2) Whenever justice and the public interest will be served, bids for a contract or class of contracts will be exempted from the foregoing requirement by the Secretary of Labor upon the request of the head of the contracting agency or department when accompanied by his finding of fact that it will be so difficult to obtain satisfactory bids for the contract or class of contracts under the stipulated restrictions, that the conduct of the Government business will be seriously impaired. [Regs. 504, 1 F.R. 1626, Sept. 19, 1936, as amended at 4 F.R. 1614, Apr. 14, 1939, 14 F.R. 295, Jan. 20, 1949, 17 F.R. 6417, July 15, 1952, 18 F.R. 1471, Mar. 14, 1953, 18 F.R. 2294, Apr. 21, 1953, 20 F.R. 4820, July 7, 1955, 21 FR. 1718, Mar. 20, 1956, 24 F.R. 8067, Oct. 6, 1959. Redesignated, 24 F.R. 10952, Dec. 30, 1959 and amended at 40 FR 57806, Dec. 12, 1975) $ 50-201.102 Employees affected.

The stipulations shall be deemed applicable only to employees engaged in or connected with the manufacture, fabrication, assembling, handling, supervision, or shipment of materials, supplies, articles, or equipment required under the contract, and shall not be deemed applicable to employees performing only office or custodial work, nor to any employee employed in a bona fide executive, administrative, professional, or outside

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