---DISCLAIMER---
41 U.S.C. 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
hereafter 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 7 of an Act entitled "Fair Labor Standards Act of 1938".
- (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 the 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, United States Code; 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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