[Code of Federal Regulations]
[Title 41, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 41CFR50-201.1]

[Page 7-9]
 
           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT
 
            CHAPTER 50--PUBLIC CONTRACTS, DEPARTMENT OF LABOR
 
PART 50 201_GENERAL REGULATIONS--Table of Contents
 
Sec. 50-201.1  The Walsh-Healey Public Contracts Act.




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Part                                                                Page
50-201          General regulations.........................           9
50-202          Minimum wage determinations.................          16
50-203          Rules of practice...........................          16
50-204          Safety and health standards for Federal 
                    supply contracts........................          23
50-205          Enforcement of safety and health standards 
                    by State officers and employees.........          39
50-210          Statements of general policy and 
                    interpretation not directly related to 
                    regulations.............................          41

[[Page 9]]





Sec.
50-201.1 The Walsh-Healey Public Contracts Act.
50-201.2 Administration of the Act.
50-201.3 Insertion of stipulations.
50-201.4 Statutory exemptions.
50-201.101 Employees affected.
50-201.102 Overtime.
50-201.103 Dealer as agent of undisclosed principal.
50-201.104 Protection against unintentional employment of underage 
          minors.
50-201.105 Hours worked.
50-201.201 Breach of stipulations.
50-201.301 Agency regulations.
50-201.501 Records of employment.
50-201.502 Record of injuries.
50-201.601 Requests for exceptions and exemptions.
50-201.602 Decisions concerning exceptions and exemptions.
50-201.603 Full administrative exemptions.
50-201.701 Definition of ``person.''
50-201.1101 Minimum wages.
50-201.1102 Tolerance for apprentices, student-learners, and handicapped 
          workers.
50-201.1201 [Reserved]
50-201.1202 Complaints.
50-201.1203 Other contracts.

    Authority: Sec. 4, 49 Stat. 2038; 41 U.S.C. 38. Interpret or apply 
sec. 6, 49 Stat. 2038, as amended; 41 U.S.C. 40; 108 Stat. 7201.


    The Walsh-Healey Public Contracts Act, as amended (41 U.S.C. 35-45), 
hereinafter referred to as the Act, was enacted ``to provide conditions 
for the purchase of supplies and the making of contracts by the United 
States.'' It is not an act of general applicability to industry. The 
Supreme Court has described it as an instruction by the Government to 
its agents who were selected and granted final authority to fix the 
terms and conditions under which the Government will permit goods to be 
sold to it. Its purpose, according to the Supreme Court ``was to impose 
obligations upon those favored with Government business and to obviate 
the possibility that any part of our tremendous national expenditures 
would go to forces tending to depress wages and purchasing power and 
offending fair social standards of employment.'' (``Perkins v. Lukens 
Steel Co.,'' 310 U.S. 113, 128 (1940); ``Endicott Johnson Corp. v. 
Perkins,'' 317 U.S. 501 (1943).) To this end, the Act requires those who 
enter into contracts to perform Government work subject to its terms to 
adhere to specifically prescribed representations and stipulations as 
set forth in 41 CFR 50-201.1 pertaining to qualifications of 
contractors, minimum wages, overtime pay, safe and sanitary working 
conditions of workers employed on the contract, the use of child labor 
or convict labor on the contract work, and the enforcement of such 
provisions. Except as otherwise specifically provided, these 
representations and stipulations are required to be included in every 
contract ``for the manufacture or furnishing of materials, supplies, 
articles, and equipment in any amount exceeding $10,000'' which is made 
and entered into by an agency of the United States or other entity as 
designated in section 1 of the Act, hereinafter referred to as 
``contracting agency.'' Contractors performing work subject to the Act 
thus ``enter into competition to obtain Government business on terms of 
which they are fairly forwarned by inclusion in the contract.'' 
(``Endicott Johnson Corp. v. Perkins, supra,'' 317 U.S. at 507.) The Act 
also provides for enforcement of the required representations and 
stipulations by various methods. Certain exemptions from the application 
of the Act are provided in section 9 of the statute. Other exemptions, 
variations, and tolerances may be provided under section 6 of the 
statute by the Secretary of Labor or the President.

[43 FR 22975, May 30, 1978. Redesignated at 61 FR 40716, Aug. 5, 1996]