§ 40. — Exceptions from WalshHealey provisions; modification of contracts; variations; overtime; suspension of representations and stipulations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 41USC40]
TITLE 41--PUBLIC CONTRACTS
CHAPTER 1--GENERAL PROVISIONS
Sec. 40. Exceptions from Walsh-Healey provisions; modification
of contracts; variations; overtime; suspension of
representations and stipulations
Upon a written finding by the head of the contracting agency or
department that the inclusion in the proposal or contract of the
representations or stipulations set forth in section 35 of this title
will seriously impair the conduct of Government business, the Secretary
of Labor shall make exceptions in specific cases or otherwise when
justice or public interest will be served thereby. Upon the joint
recommendation of the contracting agency and the contractor, the
Secretary of Labor may modify the terms of an existing contract
respecting minimum rates of pay and maximum hours of labor as he may
find necessary and proper in the public interest or to prevent injustice
and undue hardship. The Secretary of Labor may provide reasonable
limitations and may make rules and regulations allowing reasonable
variations, tolerances, and exemptions to and from any or all provisions
of sections 35 to 45 of this title respecting minimum rates of pay and
maximum hours of labor or the extent of the application of said sections
to contractors, as hereinbefore described. Whenever the Secretary of
Labor shall permit an increase in the maximum hours of labor stipulated
in the contract, he shall set a rate of pay for any overtime, which rate
shall be not less than one and one-half times the basic hourly rate
received by any employee affected: Provided, That whenever in his
judgment such course is in the public interest, the President is
authorized to suspend any or all of the representations and stipulations
contained in section 35 of this title.
(June 30, 1936, ch. 881, Sec. 6, 49 Stat. 2038; June 28, 1940, ch. 440,
title I, Sec. 13, 54 Stat. 681.)
Amendments
1940--Act June 28, 1940, inserted proviso.
Section Referred to in Other Sections
This section is referred to in title 25 section 450j.
