THE WALSH-HEALEY PUBLIC 

CONTRACTS ACT, AS AMENDED 

U.S. Department of Labor 

Employment Standards Administration 

Wage and Hour Division 

WH Publication 1001 

Revised May, 1986 
THE WALSH-HEALEY PUBLIC CONTRACTS ACT, AS AMENDED1

AN ACT To provide conditions for the purchase of

supplies and the making of contracts by the United

States, and for other purposes 

Be it enacted by the Senate and House of Representatives of the United States of America in Congress

assembled, 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 manufacture 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 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'' 2. 

(d) That no male persons 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 

1

Public Law 846, 74th Cong., 2d Sess. (49 Stat. 2036), as amended by Section 12 of the 

Act of May 17, 1938 (52 Stat. 403); by Section 8 of the Act of June 14, 1940(54 Stat. 394); by 

Section 13 of Public Law 671 76th Cong., 3rd Sess. (54 Stat. 681); by Public Law 552, 77th 

Cong. 2d Sess., (56 Stat. 277); by the Portal-to-Portal Act of 1947, approved May 14, 1947 

(61 Stat. 94); by the Act of May 24, 1949 (63 Stat. 107); by the Act of Oct. 28, 1949 (63 Stat. 

972), by Section 301 of the Defense Production Act Amendments of 1952, approved June 30, 

1952 (66 Stat. 308); and by Section 1241 of Public Law 99-145 (99 Stat. 734). 

''Section 12 of the Act of May 17, 1938, and Section 8 of the Act of June 14, 1940, as 

codified under the Act of August 10, 1956, and as amended by the Act of August 25, 1958, 

enlarged the application of the Public Contracts Act by providing that each contract for the 

construction, alteration, furnishing, or equipping of a naval vessel is subject to the Public 

Contracts Act, as amended, unless the President determines that this requirement is not in the 

interest of national defense. See text of statute printed following the text of this Act.'' 

2

Proviso added by Public Law 552, 77th Cong., 2d Sess., approved May 13, 1942 (56 

Stat. 277); Public Law 99-145, Sec. 124 1 (b) (99 Star. 734) eliminated the words ''eight hours 

in any one day or in excess of,'' effective January 1. 1986. 

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. 2. That any breach or violation of any of the

representations and stipulations in any contract for the

purposes set forth in section 1 hereof shall render the

party responsible therefor liable to the United States of

America for liquidated damages, in addition to damages

for any other breach of such contract, the sum of $10 per

day for each male person under sixteen years of age or

each female person under eighteen years of age, or each

convict laborer knowingly employed in the performance

of such contract, and a sum equal to the amount of any

deductions, rebates, refunds, or underpayment of wages

due to any employee engaged in the performance of such

contract; and, in addition, the agency of the United

States entering into such contract shall have the right to

cancel same and to make open-market purchases or

enter into other contracts for the completion of the

original contract, charging any additional cost to the

original contractor. Any sums of money due to the

United States of America by reason of any violation of

any of the representations and stipulations of said contract set forth in section 1 hereof may be withheld from

any amounts due on any such contracts or may be

recovered in suits brought in the name of the United

States of America by the Attorney General thereof.3 All

sums withheld or recovered as deductions, rebates, refunds, or underpayments of wages shall be held in a

special deposit account and shall be paid, on order of the

Secretary of Labor, directly to the employees who have

been paid less than minimum rates of pay as set forth in

such contracts and on whose account such sums were 

withheld or recovered: Provided, That no claims by

employees for such payments shall be entertained unless

made within one year from the date of actual notice to

the contractor of the withholding or recovery of such

sums by the United States of America. 

3

The Portal-to-Portal Act of 1947 imposes a two-year statute of limitations and relieves 

contractors from certain liabilities and punishments under this Act in circumstances specified 

in that Act. 

1
SEC. 3. The Comptroller General is authorized and

directed to distribute a list to all agencies of the United

States containing the names of persons or firms found by

the Secretary of Labor to have breached any of the

agreements or representations required by this Act. Unless the Secretary of Labor otherwise recommends no

contracts shall be awarded to such persons or firms or to

any firm, corporation, partnership, or association in

which such persons or firms have a controlling interest

until three years have elapsed from the date the Secretary of Labor determines such breach to have occurred.

SEC. 4. The Secretary of Labor is hereby authorized and directed to administer the provisions of this Act

and to utilize such Federal officers and employees and,

with the consent of the State, such State and local 

officers and employees as he may find necessary to

assist in the administration of this Act and to prescribe

rules and regulations with respect thereto. The Secretary

shall appoint, without regard to the provisions of the

civil-service laws but subject to the Classification Act of

1949,4 an administrative officer, and such attorneys and

experts, and shall appoint such other employees with

regard to existing laws applicable to the employment

and compensation of officers and employees of the

United States, as he may from time to time find necessary for the administration of this Act. The Secretary of

Labor or his authorized representatives shall have power

to make investigations and findings as herein provided,

and prosecute any inquiry necessary to his functions in

any part of the United States. The Secretary of Labor

shall have authority from time to time to make, amend,

and rescind such rules and regulations as may be necessary to carry out the provisions of this Act. 

SEC. 5. Upon his own motion or on application of

any person affected by any ruling of any agency of the

United States in relation to any proposal or contract

involving any of the provisions of this Act, and on

complaint of a breach or violation of any representation

or stipulation as herein provided, the Secretary of

Labor, or any impartial representative designated by

him, shall have the power to hold hearings and to issue

orders requiring the attendance and testimony of witnesses and the production of evidence under oath. Witnesses shall be paid the same fees and mileage that are paid

witnesses in the courts of the United States. In case of 

contumacy, failure, or refusal of any person to obey

such an order, any District Court of the United States or

of any Territory or possession, or the United States

Court for the District of Columbia,5 within the jurisdiction of which the inquiry is carried on, or within the

jurisdiction of which said person who is guilty of contumacy, failure, or refusal is found, or resides or transacts business, upon the application by the Secretary of

Labor or representative designated by him, shall have

jurisdiction to issue to such person an order requiring

such person to appear before him or representative

designated by him, to produce evidence if, as, and when

so ordered, and to give testimony relating to the matter

under investigation or in question: and any failure to

obey such order of the court may be punished by said 

4

Act of Oct. 28, 1949 (63 Star. 972) amended section by substituting reference to ''Class ­

ification Act of. 1949 "for classification Act of 1923.'' 

5

Act of May 24, 1949, (63 Star. 107), substituted the term ''United States District Court for

the District of Columbia for the term ''District Court of the United States for the District of 

Columbia.'' 

Court as a contempt thereof; and shall make findings of

fact after notice and hearing, which findings shall be

conclusive upon all agencies of the United States, and if

supported by the preponderance of the evidence, shall

be conclusive in any court of the United States; and the

Secretary of Labor or authorized representative shall

have the power, and is hereby authorized, to make such

decisions, based upon findings of fact, as are deemed to

be necessary to enforce the provisions of this Act.

SEC. 6. 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 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 the representations and stipulations 

contained in section 1 of this Act.6

SEC. 7. Whenever used in this Act, the word ''person'' includes one or more individuals, partnerships,

associations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers.

SEC. 8. The provisions of this Act shall not be

construed to modify or amend title III of the Act entitled

''An Act making appropriations for the Treasury and

Post Office Departments for the fiscal year ending June

30, 1934, and for other purposes," approved May 3,

1933, (commonly known as the Buy American Act), nor

shall the provisions of this Act be construed to modify or

amend the Act entitled ''An Act relating to the rate of

wages for laborers and mechanics employed on public

buildings of the United States and the District of Columbia by contractors and subcontractors, and for other

purposes,'' approved March 3, 1931, (commonly

known as the Davis-Bacon Act), as amended from time

to time, nor the labor provisions of title 11 of the National

Industrial Recovery Act, approved June 16, 1933, as

extended, or of section 7 of the Emergency Relief

Appropriation Act, approved April 8, 1935; nor shall

the provisions of this Act be construed to modify or

amend the Act entitled ''An Act to provide for the 

6

Proviso added by Public Law 67 1, Sec. 13, 76th Cong., 3rd Sess., approved June 28, 1940 

(54 Star. 681). 

2 
diversification of employment of Federal prisoners, for

their training and schooling in trades and occupations,

and for other purposes,'' approved May 27, 1930, as

amended and supplemented by the Act approved June

23, 1934. 

SEC. 9. This Act shall not apply to purchases of

such materials, supplies, articles, or equipment as may

usually be bought in the open market; nor shall this Act

apply to perishables, including dairy, livestock and

nursery products, or to agricultural or farm products

processed for first sale by the original producers; nor to

any contracts made by the Secretary of Agriculture for

the purchase of agricultural commodities or the products thereof. Nothing in this Act shall be construed to

apply to carriage of freight or personnel by vessel,

airplane, bus, truck, express, or railway line where

published tariff rates are in effect or to common carriers

subject to the Communications Act of 1934. 

SEC. 10.7 (a) Notwithstanding any provision of

section 4 of the Administrative Procedure Act, such Act 

shall be applicable in the administration of section 1 to 5

and 7 to 9 of this Act. 

(b) All wage determinations under section 1 (b) of

this Act shall be made on the record after opportunity for

a hearing. Review of any such wage determination, or of

the applicability of any such wage determination, may

be had within ninety days after such determination is

made in the manner provided in section 10 of the Administrative Procedure Act by any person adversely

affected or aggrieved thereby, who shall be deemed to 

7

Section added by Section 301 of the Defense Production Act Amendments of 1952, 

approved June 30, 1952 (66 Stat. 308). 

include any manufacturer of, or regular dealer in, materials, supplies, articles or equipment purchased or to be

purchased by the Government from any source, who is

in any industry to which such wage determination is

applicable.

(c) Notwithstanding the inclusion of any stipulations required by any provision of this Act in any contract subject to this Act, any interested person shall have

the right of judicial review of any legal question which

might otherwise be raised, including, but not limited to,

wage determinations and the interpretation of the terms

''locality,'' ''regular dealer,'' ''manufacturer,'' and ''open

market. '' 

SEPARABILITY CLAUSE 

SEC. 11.8 If any provision of this Act, or the application

thereof to any persons or circumstances, is held invalid,

the remainder of the Act, and the application of such

provisions to other persons or circumstances, shall not

be affected thereby.

SEC. 12. This Act shall apply to all contracts entered into pursuant to invitations for bids issued on or

after ninety days from the effective date of this Act:

Provided, however, that the provisions requiring the

inclusion of representations with respect to minimum

wages shall apply only to purchases or contracts relating

to such industries as have been the subject matter of a

determination by the Secretary of Labor.

Approved, June 30, 1936. 

8

Sections 11 and 12 were redesignated from sections 10 and 11 respectively by Section 

301 of the Defense Production Act Amendments of 1952. 

3
(PUBLIC LAW 1028 - 84TH CONGRESS) 

(CHAPTER 1041, 70A STAT. 449, 10 U.S.C. SEC. 7299.) 

SEC. 7299 Contracts: Application of Public

Contracts Act 

Each contract for the construction, alteration, 

furnishing, or equipping of a naval vessel is subject to

the Act of June 30, 1936, chapter 881 (49 Stat. 2036), as

amended, unless the President determines that this 

requirement is not in the interest of national defense. 9

9

As amended by the Act of August 25, 1958 (72 Stat. 839). 

4

*U.S. Government Printing Office: 1990 - 262-288/06755