Section 8-A2552. WALSH-HEALEY PUBLIC CONTRACTS ACT

 

2552.1The contracting officer shall include a clause in each solicitation and contract subject to the provisions of the federal Walsh-Healey Public Contracts Act (Act of June 30, 1936, as amended, 41 U.S.C. §§35-45, also referred to in this section as "this Act") which specifies the requirements of this Act and all regulations issued by the federal government under this Act (48 C.F.R. §22.6).

 

2552.2If a contract not subject to the provisions of this Act because it is for ten thousand dollars ($10,000) or less is modified to exceed ten thousand dollars ($10,000) in total value, all work performed after the contract is modified shall be subject to this Act.

 

2552.3In accordance with this Act and federal acquisition regulations, the contract clause required under this section shall be included in each contract when the procurement is for the manufacture or furnishing of materials, supplies, articles, or equipment in any amount exceeding ten thousand dollars ($10,000), except as provided in §2552.4.

 

2552.4The clause required under §2552.3 shall not be included in a contract when a procurement is in any of the following categories:

 

(a)Any contract for the purchase of supplies, materials, articles, or equipment where the contracting officer is authorized by the express language of a statute to purchase "in the open market";

 

(b)Emergency procurements under §2517 of this chapter;

 

(c)Contracts for purchase of perishables, including dairy, livestock and nursery products;

 

(d)Contracts for purchase of farm products processed for first sale by the original producers;

 

(e)Contracts for purchase of public utility services;

 

(f)Contracts for supplies manufactured outside the United States, Puerto Rico, or the Virgin Islands;

 

(g)Contracts for purchase of magazines or periodicals from sales agents or publisher representatives which are to be delivered by the publisher; or

 

(h)Other contracts exempt under the federal acquisition regulations (48 C.F.R. §22.6) or under regulations or orders issued by the U.S. Secretary of Labor.

 

source

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