Laws: Cases and Codes : U.S. Code : Title 41 : Section 35


   
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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Government Contracts Discussion

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