C.F.R. » Title 48 » CHAPTER 1—FEDERAL ACQUISITION REGULATION › SUBCHAPTER D—SOCIOECONOMIC PROGRAMS › PART 22—APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS › Subpart 22.6—Contracts for Materials, Supplies, Articles, and Equipment

48 C.F.R. § 22.604-2

22.604-2 Regulatory exemptions.

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(a) Contracts for the following acquisitions are fully exempt from the statute (see 41 CFR 50-201.603):

(1) Public utility services.

(2) Supplies manufactured outside the United States, Puerto Rico, and the U.S. Virgin Islands.

(3) Purchases against the account of a defaulting contractor where the stipulations of the statute were not included in the defaulted contract.

(4) Newspapers, magazines, or periodicals, contracted for with sales agents or publisher representatives, which are to be delivered by the publishers thereof.

(b)(1) Upon the request of the agency head, the Secretary of Labor may exempt specific contracts or classes of contracts from the inclusion or application of one or more of the Act's stipulations; provided, that the request includes a finding by the agency head stating the reasons why the conduct of Government business will be seriously impaired unless the exemption is granted.

(2) Those requests for exemption that relate solely to safety and health standards shall be transmitted to the Assistant Secretary for Occupational Safety and Health, U.S. Department of Labor, Washington, DC 202l0. All other requests shall be transmitted to the Administrator of the Wage and Hour Division, U.S. Department of Labor, Washington, DC 202l0.

[48 FR 42258, Sept. 19, 1983, as amended at 61 FR 67410, Dec. 20, 1996; 68 FR 28082, May 22, 2003; 79 FR 24205, Apr. 29, 2014]
Notes of Decisions
Cited in 1 case, 1990–1990 · leading case: Com. Energies, Inc. v. Cheney, 745 F. Supp. 647 (D. Colo. 1990).
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Com. Energies, Inc. v. Cheney, 745 F. Supp. 647 (D. Colo. 1990). “(CEI), disagreed with this determination, contending that a regulatory exemption from the Walsh-Healey Act relevant to public utilities ( 48 C.F.R. § 22.604-2 ) was applicable to the solicitation.”
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