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U.S. Code as of:
01/19/04
Section 35. Contracts for materials, etc., exceeding $10,000; representations and stipulations
In any contract made and entered into by any executive
department, independent establishment, or other agency or
instrumentality of the United States, or by the District of
Columbia, or by any corporation all the stock of which is
beneficially owned by the United States (all the foregoing being
hereinafter designated as agencies of the United States), for the
manufacture or furnishing of materials, supplies, articles, and
equipment in any amount exceeding $10,000, there shall be included
the following representations and stipulations:
(a) That all persons employed by the contractor in the
manufacture or furnishing of the materials, supplies, articles, or
equipment used in the performance of the contract will be paid,
without subsequent deduction or rebate on any account, not less
than the minimum wages as determined by the Secretary of Labor to
be the prevailing minimum wages for persons employed on similar
work or in the particular or similar industries or groups of
industries currently operating in the locality in which the
materials, supplies, articles, or equipment are to be manufactured
or furnished under said contract;
(b) That no person employed by the contractor in the manufacture
or furnishing of the materials, supplies, articles, or equipment
used in the performance of the contract shall be permitted to work
in excess of forty hours in any one week: Provided, That the
provisions of this subsection shall not apply to any employer who
shall have entered into an agreement with his employees pursuant to
the provisions of paragraphs (1) or (2) of subsection (b) of
section 207 of title 29;
(c) That no male person under sixteen years of age and no female
person under eighteen years of age and no convict labor will be
employed by the contractor in the manufacture or production or
furnishing of any of the materials, supplies, articles, or
equipment included in such contract, except that this section, or
any other law or Executive order containing similar prohibitions
against purchase of goods by the Federal Government, shall not
apply to convict labor which satisfies the conditions of section
1761(c) of title 18; and
(d) That no part of such contract will be performed nor will any
of the materials, supplies, articles, or equipment to be
manufactured or furnished under said contract be manufactured or
fabricated in any plants, factories, buildings, or surroundings or
under working conditions which are unsanitary or hazardous or
dangerous to the health and safety of employees engaged in the
performance of said contract. Compliance with the safety, sanitary,
and factory inspection laws of the State in which the work or part
thereof is to be performed shall be prima-facie evidence of
compliance with this subsection.
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