[Code of Federal Regulations] [Title 41, Volume 1] [Revised as of July 1, 2005] From the U.S. Government Printing Office via GPO Access [CITE: 41CFR50-201.1] [Page 1-9] 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. [[Page 1]] (This book contains Chapters 1-100) -------------------------------------------------------------------- Part SUBTITLE A--Federal Procurement Regulations System [Note] SUBTITLE B--Other Provisions Relating to Public Contracts chapter 50--Public Contracts, Department of Labor........... 50-201 chapter 51--Committee for Purchase From People Who Are Blind or Severely Disabled...................................... 51-1 chapter 60--Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor......... 60-1 chapter 61--Office of the Assistant Secretary for Veterans' Employment and Training, Department of Labor.............. 61-250 chapters 62-100 [Reserved] [[Page 3]] Subtitle A--Federal Procurement Regulations System -------------------------------------------------------------------- Editorial Note: On September 19, 1983 (48 FR 42103), a joint document issued by the General Services Administration, the Department of Defense and the National Aeronautics and Space Administration, established a new Federal Acquisition Regulation in title 48 of the Code of Federal Regulations (CFR). The general Federal Acquisition Regulation (FAR) published on that date is codified at chapter 1 of title 48. Chapters 2 through 49 of title 48 were reserved and established for individual agency implementations and supplementations of the FAR. The FAR in chapter 1 together with the agency regulations in chapters 2 to 49 comprise the Federal Acquisition Regulations System that went into effect on April 1, 1984. The FAR system replaced both the Federal Procurement Regulations System (FPRS) for civilian contracts (41 CFR subtitle A, chapters 1 to 49) and the Defense Acquisition Regulations (DAR) for defense contracts (32 CFR chapter 1, parts 1 to 39). While the new FAR regulations in title 48 replaced the title 32 DAR and title 41 FPR regulations as of April 1, 1984, both the DAR and FPR provisions continue to apply to those contracts which preceded the effective date of the FAR. On April 11, 1991 (56 FR 14643), the Department of Defense removed 32 CFR parts 1-39, contained in volumes I through III. As of the revision date of this volume, the FAR provisions in 41 CFR subtitle A, chapters 1 to 49, appearing in the July 1, 1984 edition, continue to apply to those contracts entered into prior to the adoption of the FAR. [[Page 5]] Subtitle B--Other Provisions Relating to Public Contracts [[Page 7]] -------------------------------------------------------------------- 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]