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Interim Internal Purchasing Guidelines > 9 Labor Guidelines > 9.3 Contract Work Hours and Safety Standards Act
9.3 Contract Work Hours and Safety Standards Act
9.3.1 Requirement
The Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333)
requires that certain contracts contain a clause specifying that no laborer or
mechanic doing any work under the contract may be required or permitted to
work more than 40 hours in any workweek unless paid at least one and
one-half times the basic rate of pay for all overtime hours. A violation makes
the supplier liable for liquidated damages. Lease agreements, being subject
to Reorganization Plan No. 14 of 1950 under 39 U.S.C. 410(d), are subject to
the safety standards of the Act in addition to the overtime pay requirements.
9.3.2 Exemptions
The Secretary of Labor is responsible for enforcement of the Act and may
permit variations and exemptions from the Act's requirements when
necessary in the public interest or to prevent injustice or undue hardship (29
CFR 5.14).
9.3.3 Clause
Clause 9-2, Contract Work Hours and Safety Standards Act - Overtime
Compensation, is incorporated by reference in Clause 4-2, and must be
checked-off by contracting officers for all contracts, lease agreements, and
ordering agreements that may involve the employment of laborers or
mechanics, except:
9.3.3.a Construction contracts and lease agreements involving alterations or
improvements of $2,000 or less, and other contracts and lease agreements
of $2,500 or less;
9.3.3.b Indefinite delivery contracts and ordering agreements, if the total amount of
all orders placed for 1 year after the effective date will not exceed the limits in
9.3.3.a;
9.3.3.c Contracts for supplies usually purchased in the open market or requiring
labor merely incidental to the sale;
9.3.3.d Contracts for work subject solely to the Walsh-Healey Public Contracts Act
(see 9.5);
9.3.3.e Contracts for transportation by land, air, or water; and
9.3.3.f Any other contracts exempt under regulations of the Secretary of Labor (see
29 CFR 5.15).
9.3.4 Enforcement
Investigation and enforcement will be in accordance with 9.4.5.
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