[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR22.305]

[Page 398-399]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 1--FEDERAL ACQUISITION REGULATION
 
PART 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS--Table of Contents
 
       Subpart 22.3--Contract Work Hours and Safety Standards Act
 
Sec. 22.305  Contract clauses.

    The contracting officer shall insert the clause at 52.222-4, 
Contract Work Hours and Safety Standards Act-Overtime Compensation, in 
solicitations and contracts (including, for this purpose, basic ordering 
agreements) when the contract may require or involve the employment of 
laborers or mechanics. However, the contracting officer shall not 
include the clause in solicitations and contracts if it is contemplated 
that the contract will be in one of the following categories:
    (a) Contracts at or below the simplified acquisition threshold.
    (b) Contracts for supplies, materials, or articles ordinarily 
available in the open market.

[[Page 399]]

    (c) Contracts for transportation by land, air, or water, or for the 
transmission of intelligence.
    (d) Contracts to be performed solely within a foreign country or 
within a territory under United States jurisdiction other than a State, 
the District of Columbia, Puerto Rico, the Virgin Islands, Outer 
Continental Shelf Lands as defined in the Outer Continental Shelf Lands 
Act (43 U.S.C. 1331), American Samoa, Guam, Wake Island, and Johnston 
Island.
    (e) Contracts requiring work to be done solely in accordance with 
the Walsh-Healey Public Contracts Act (see subpart 22.6).
    (f) Contracts (or portions of contracts) for supplies in connection 
with which any required services are merely incidental to the contract 
and do not require substantial employment of laborers or mechanics.
    (g) Contracts for commercial items (see parts 2 and 12).
    (h) Any other contracts exempt under regulations of the Secretary of 
Labor (29 CFR 5.15).

[51 FR 12293, Apr. 9, 1986, as amended at 53 FR 661, Jan. 11, 1988; 60 
FR 34758, July 3, 1995; 60 FR 48248, Sept. 18, 1995]