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This provision, omitted from the original text, is added as a new section.

For applicability of antitrust laws to disposal of surplus property, see section 20, Surplus Property Act of October 3, 1944 (58 Stat. 775); 50 U. S. C. App. 1629.

746. Contracts for public works; Bacon-Davis Act.-That the advertised specifications for every contract in excess of $2,000, to which the United States or the District of Columbia is a party, for construction, alteration, and/or repair, including painting and decorating, of public buildings or public works of the United States or the District of Columbia within the geographical limits of the States of the Union, the Territory of Alaska, the Territory of Hawaii, or the District of Columbia, and which requires or involves the employment of mechanics and/or laborers shall contain a provision stating the minimum wages to be paid various classes of laborers and mechanics, which shall be based upon the wages that will be determined by the Secretary of Labor to be prevailing for the corresponding classes of laborers and mechanics employed on projects of a character similar to the contract work in the city, town, village, or other civil subdivision of the State or the Territory of Alaska, or the Territory of Hawaii in which the work is to be performed, or in the District of Columbia if the work is to be performed there; and every contract based upon these specifications shall contain a stipulation that the contractor or his subcontractor shall pay all mechanics and laborers employed directly upon the site of the work, unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account, the full amounts accrued at time of payment, computed at wage rates not less than those stated in the advertised specifications, regardless of any contractual relationship which may be alleged to exist between the contractor or subcontractor and such laborers and mechanics, and that the scale of wages to be paid shall be posted by the contractor in a prominent and easily accessible place at the site of the work; and the further stipulation that there may be withheld from the contractor so much of accrued payments as may be considered necessary by the contracting officer to pay to laborers and mechanics employed by the contractor or any subcontractor on the work the difference between the rates of wages required by the contract to be paid laborers and mechanics on the work and the rates of wages received by such laborers and mechanics, and not refunded to the contractor, subcontractors, or other agents. Sec. 1, act of Mar. 3, 1931 (46 Stat. 1494); sec. 1, act of Aug. 30, 1935 (49 Stat. 1011); act of June 15, 1940 (54 Stat. 399); 40 U. S. C. 276a.

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The first paragraph of the original text of this section has been amended as above. The following acts provide that this section shall remain applicable to national defense contracts:

Section 302, Second Supplemental National Defense Appropriation Act of September 9, 1940 (54 Stat. 884).

Act of March 23, 1941 (55 Stat. 53).

Act of August 21, 1941 (55 Stat. 664).

The seventh paragraph, based on section 7, act of August 30, 1935 (49 Stat. 1013); 40 U. S. C. 276a-6, has been eliminated from the Code.

Notes of Decisions

Authority of Secretary of Labor.-The func- | hearing, but is that of an appraiser or tion of Secretary of Labor in declaring pre- valuer, a part of process fixed by contract vailing rate of wages, pursuant to govern- for determining wages to be paid. 40 U. S. ment contract authorizing reference to C. A., sec. 276a. Gillioz et al. v. Webb et Secretary of Labor for determination of any al. (C. C. A., 5, 1938), 99 F. (2d) 585. dispute concerning prevailing wage rate, is In exercise of function of declaring pre

not arbitrational and in nature of a judicial vailing rate of wages pursuant to governinquiry requiring a formal controversy and ment contract authorizing such determina

Contracts within section. (2d and 3d paragraphs.)-Change citation to read: NevCal Elec. Securities Co. v. Imperial Irr. Dist. (C. C. A., 1936), 85 F. (2d) 886; certiorari denied (1937),, 300 U. S. 663.

tion, and subject to impeachment of his deter- | themselves. 40 U. S. C. A., sec. 276a. Id. mination only for fraud, dishonesty or bad faith, Secretary of Labor fixes, as between government, contractor and laborers, the wages to be paid in same manner as private parties fix such matters by contract, between 747. Contracts for supplies; Walsh-Healey Act.-That in any contract made and entered into by any executive department, independent establishment, or other agency or instrumentality of the United States, or by the District of Columbia, or by any corporation all the stock of which is beneficially owned by the United States (all the foregoing being hereinafter designated as agencies of the United States), for the manufacture or furnishing of materials, supplies, articles, and equipment in any amount exceeding $10,000, there shall be included the following representations and stipulations:

(a) That the contractor is the manufacturer of or a regular dealer in the materials, supplies, articles, or equipment to be manufactured or used in the performance of the contract;

(b) That all persons employed by the contractor in the manufacture or furnishing of the materials, supplies, articles, or equipment used in the performance of the contract will be paid, without subsequent deduction or rebate on any account, not less than the minimum wages as determined by the Secretary of Labor to be the prevailing minimum wages for persons employed on similar work or in the particular or similar industries or groups of industries currently operating in the locality in which the materials, supplies, articles, or equipment are to be manufactured or furnished under said contract;

(c) That no person employed by the contractor in the manufacture or furnishing of the materials, supplies, articles, or equipment used in the performance of the contract shall be permitted to work in excess of eight hours in any one day or in excess of forty hours in any one week; Provided, That the provisions of this subsection shall not apply to any employer who shall have entered into an agreement with his employees pursuant to the provisions of paragraphs 1 or 2 of subsection (b) of section 7 of an Act entitled "Fair Labor Standards Act of 1938".

(d) That no male person under sixteen years of age and no female person under eighteen years of age and no convict labor will be employed by the contractor in the manufacture or production or furnishing of any of the materials, supplies, articles, or equipment included in such contract; and

(e) That no part of such contract will be performed nor will any of the materials, supplies, articles, or equipment to be manufactured or furnished under said contract be manufactured or fabricated in any plants, factories, buildings, or surroundings or under working conditions which are unsanitary or hazardous or dangerous to the health and safety of employees engaged in the performance of said contract. Compliance with the safety, sanitary, and factory inspection laws of the State in which the work or part thereof is to be performed shall be prima-facie evidence of compliance with this subsection. Sec. 1, act of June 30, 1936 (49 Stat. 2036); act of May 13, 1942 (56 Stat. 277); 41 U. S. C. 35.

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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 1 will seriously impair the conduct of Government business, the Secretary of Labor shall make exceptions in specific

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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 this Act respecting minimum rates of pay and maximum hours of labor or the extent of the application of this Act 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 1 of this Act.

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Sec. 6, act of June 30, 1936 (49 Stat. 2038); sec. 13, act of June 28, 1940 (54 Stat. 681); 41 U. S. C. 40.

The first and sixth paragraphs of this section have been amended as above.

This section was made applicable to the construction of naval vessels by section 8, act of June 14, 1940 (54 Stat. 395).

By section 302, Second Supplemental National Defense Appropriation Act of September 9, 1940 (54 Stat. 884), this act is to remain applicable to national defense contracts.

Notes of Decisions

In general.-Where the contract provided Federal procurement in this connection inthat all employees on the work should be paid "just and reasonable wages," and where it was further provided that the contracting officer might withhold from the contractor so much of accrued payments as might be necessary to pay to laborers or mechanics so employed the difference between the rate of wages required by the contract and the rate of wages actually paid to such laborers and mechanics; it is held that in the absence of any proof to show what amount was paid to the workmen so employed plaintiff is not entitled to recover. Fireman's Fund Indemnity Co. v. U. S. (1941), 93 Ct. Cl. 138.

Two Government contracts were awarded, each in an amount exceeding $10,000. One was later cancelled and the other was modified by mutual consent. Held: Any work performed on the cancelled contract prior to its cancellation was subject to the Walsh-Healey Public Contracts Act. Assuming that the modified contract was reduced in amount to less than $10,000, the Act would not apply to any work performed after the date of the modification, but would apply to work done prior to that date. (Mar. 25, 1944) Op. Solicitor's Office, Department of Labor.

Convict-made goods.-The Federal statutes relating to interstate shipment of prison-made goods (54 Stat. 1134; 45 Stat. 1084; 49 Stat. 494) are not intended to prevent the procurement of such goods from Federal or State prisons by the Federal Government.

cludes purchases by Government contractors, subcontractors, or brokers, but only to the extent that the goods are necessary in the fulfillment of specific Government contracts, are not reasonably available elsewhere, and are purchased at prices substantially equivalent to the current market price. The requirement of the Walsh-Healey Act (49 Stat. 2036, as amended) that Government supply contracts exceeding $10,000 contain a provision that the contractor will employ no convict labor is not applicable to the type of procurement described above in view of the order of 26 May 1942 of the Secretary of Labor. Executive Order No. 325A of 18 May 1905 has no application to a situation where the labor is employed by the prison itself rather than farmed out to contractors. Moreover that Order has no application to procurement of convict-made goods by the Government itself. (June 20, 1942), 40 Op. Atty. Gen. No. 65.

Determination of wages by Secretary of Laasserted that the conbor.-Complainants to given by the struction the Secretary term "locality" was arbitrary, capricious, and unauthorized by law; and that if in order to bid on Government contracts they must abide by the wage determinations thus made, they would suffer irreparable loss and damage, for which there was no plain, adequate and complete remedy at law. Held, that no legal rights were invaded or

threatened, nor any damage resulted from
action by the Government. The act does
not provide for judicial review of wage
determinations, and vests no right in pro-
spective bidders; nor does the act exercise
any regulatory power over private business 107 F.

or employment. Complainants were not entitled to a declaratory judgment. The Public Contracts Act of June 30, 1936, 41 U. S. C. 36-45. Perkins v. Luken Steel Co. (1940), 310 U. S. 113; reversing (App. D. C., 1939), (2d) 627.

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In general.-Under statute providing that | admissible. Taylor v. McLennan County et certified copies of documents filed in the al. (Tex., 1938), 120 S. W. (2d) 134. office of the board of water engineers shall be admissible in evidence in any court in the same manner and with like effect as the original diagrams, maps, and plats showing gauge readings of river which were compiled from hearsay and unauthenticated data collected and prepared in cooperation with the United States Department of Interior, Geological Survey, were inadmissible, since original instrument contained data without required certificate from Geological Survey and based on hearsay would have been in755a. Evidence; writing and records made in regular course of business.

The statutory provisions that authenticated copies of official records in custory of officers of United States Interior Department and in any of executive departments of Federal Government shall be admitted in evidence equally with originals thereof are inapplicable to documents improperly or incidentally lodged in executive department and forming no part of official records authorized or required by law to be kept therein. 5 U. S. C. 488; 490; 28 U. S. C. 661. Taylor v. State (Tex., 1942), 158 S. W. (2d) 881.

Notes of Decisions

In bankruptcy trustee's action to recover value of merchandise purchased by defendants from bankrupt within four months of bankruptcy, invoices from various wholesalers, agents, and manufacturers found in

In general.-Federal statute regarding ad missibility of, records made in regular course of business could not be considered in determining admissibility of liability ledger cards of bank where indictment was returned before effective date of statute which bankrupt's place of business and received by its very terms was not retroactive. 28 U. S. C. A., sec. 695. Shreve et al. v. U. S. (C. C. A., 1939), 103 F. (2d) 796; certiorari denied (1939), 308 U. S. 570.

in the ordinary course of business were admissible. 28 U. S. C. A. 695. Sampsell v. Anches (C. C. A. 9, 1939), 108 F. (2d) 945.

755b. [Repealed] Evidence; photographs of departmental records.-Photographs or microphotographs of any record photographed or microphotographed as herein provided shall have the same force and effect as the originals thereof would have had, and shall be treated as originals for the purpose of their admissibility in evidence. Duly certified or authenticated copies of such photographs or microphotographs shall be admitted in evidence equally with the original photographs or microphotographs. Sec. 2, act of Sept. 24, 1940 (54 Stat. 959); 44 U. S. C. 363.

This section was expressly repealed by section 16, act of July 7, 1943 (57 Stat. 383). The subject-matter is covered by 886, post.

755c. Evidence; proof of foreign documents of record.-A copy of any foreign document of record or on file in a public office of a foreign coun

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