Section 8-A2551. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT

 

2551.1The contracting officer shall include a clause in each solicitation and contract subject to the provisions of the federal Contract Work Hours and Safety Standards Act (Pub.L. 87-581, as amended, 40 U.S.C. §§327-333, also referred to in this section as "this Act") which specifies the requirements of this Act and the regulations issued by the federal government under this Act (48 C.F.R. §22.3).

 

2551.2In accordance with this Act and federal acquisition regulations, the contract clause required under this section shall be included in each solicitation or contract when the procurement may require or involve the employment of mechanics or laborers (as defined in this Act and regulations). The clause shall not be included in a solicitation or contract when the procurement is in the following categories:

 

(a)Any contract for work subject to the provisions of the Walsh-Healey Public Contracts Act and §2552 of this chapter;

 

(b)Any contract for transportation by land, air, or water, or for the transmission of intelligence;

 

(c)Any contract for the purchase of supplies, materials, or articles ordinarily available in the open market;

 

(d)Any construction contract in the amount of two thousand dollars ($2,000) or less;

 

(e)Any contract, other than a construction contract, when the total amount of the contract, or orders estimated to be placed under a term contract or blanket purchase agreement for one (1) year after the date of the contract or agreement, is two thousand five hundred dollars ($2,500) or less; or

 

(f)Other contracts exempt under the federal acquisition regulations (48 C.F.R. §22.3) or under regulations or orders issued by the U.S. Secretary of Labor.

 

2551.3The Director of Procurement (the "Director") shall ensure that the clause inserted in solicitations and contracts under this section clearly states that the requirements of the clause are applicable to both contractors and subcontractors.

 

2551.4Violations of this Act shall be reported to the Director or to the contracting officer by the contract administrator or other official or inspector of work under a contract.

 

2551.5The amount of unpaid overtime wages and liquidated damages owed to the School of Law and unpaid workers under the provisions of this Act shall be determined by the contracting officer.

 

2551.6The contracting officer shall ensure that any unpaid overtime wages and liquidated damages required to be withheld under this Act are withheld from payments to the contractor for the use and benefit of unpaid workers.

 

2551.7The appeal by a contractor or subcontractor aggrieved by the decision of the contracting officer to withhold any sum under §2551.6 shall be made to the Director, in accordance with the provisions of 40 U.S.C. §330(c). The administrative decision of the Director shall be final.

 

2551.8Final orders of the Director under this Act may be appealed to the United States Court of Claims, in accordance with 40 U.S.C. §330(c).

 

source

Final Rulemaking published at 35 DCR 5822 (July 29, 1988).