As provided by section 4 of the Act and under provisions of sections
4 and 5 of the Walsh-Healey Public Contracts Act (49 Stat. 2036, 41
U.S.C. 38, 39), which are made expressly applicable for the purpose, the
Secretary of Labor is authorized and directed to administer and enforce
the provisions of the McNamara-O'Hara Service Contract Act, to make
rules and regulations, issue orders, make decisions, and take other
appropriate action under the Act. The Secretary is also authorized to
make reasonable limitations and to make rules and regulations allowing
reasonable variations, tolerances, and exemptions to and from provisions
of the Act (except section 10), but only in special circumstances where
it is determined that such action is necessary and proper in the public
interest or to avoid serious impairment of the conduct of Government
business and is in accord with the remedial purposes of the Act to
protect prevailing labor standards. The authority and enforcement powers
of the Secretary under the Act are coextensive with the authority and
powers under the Walsh-Healey Act. Curtiss Wright Corp. v. McLucas 364
F. Supp. 750, 769 (D NJ 1973).
