(A) any contract that may require or involve the employment of laborers or mechanics on a public work of the Federal Government, a territory of the United States, or the District of Columbia; and
(B) any other contract that may require or involve the employment of laborers or mechanics if the contract is one—
(i) to which the Government, an agency or instrumentality of the Government, a territory, or the District of Columbia is a party;
(ii) which is made for or on behalf of the Government, an agency or instrumentality, a territory, or the District of Columbia; or
(iii) which is a contract for work financed at least in part by loans or grants from, or loans insured or guaranteed by, the Government or an agency or instrumentality under any federal law providing wage standards for the work.
(A) including watchmen, guards, and workers performing services in connection with dredging or rock excavation in any river or harbor of the United States, a territory, or the District of Columbia; but
(B) not including an employee employed as a seaman.
(i) a contract for—
(I) transportation by land, air, or water;
(II) the transmission of intelligence; or
(III) the purchase of supplies or materials or articles ordinarily available in the open market;
(ii) any work required to be done in accordance with the provisions of chapter 65 of title 41; and
(iii) a contract in an amount that is not greater than $100,000.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1169; Pub. L. 109–284, §6(14), Sept. 27, 2006, 120 Stat. 1213; Pub. L. 111–350, §5(l)(19), Jan. 4, 2011, 124 Stat. 3852.)
|Source (U.S. Code)||Source (Statutes at Large)|
|3701(b)(1)||40:329(a) (1st sentence less proviso).||Pub. L. 87–581, title I, §103(a), (b), Aug. 13, 1962, 76 Stat. 358.|
|3701(b)(2)||40:329(a) (last sentence).|
|3701(b)(3) (A)(i), (ii)||40:329(b).|
|3701(b)(3) (A)(iii)||40:329(c).||Pub. L. 87–581, title I, §103(c), as added Pub. L. 103–355, title IV, §4104(c)(1), Oct. 13, 1994, 108 Stat. 3342.|
|3701(b)(3)(B)||40:329(a) (1st sentence proviso).|
Subsection (a) is added for clarity.
In subsection (b)(1), before clause (A), the words "except as otherwise provided" are omitted as unnecessary.
In subsection (b)(2), before clause (A), the words "Except as otherwise expressly provided" are omitted as unnecessary.
In subsection (b)(3)(A)(ii), the words "Walsh-Healey Act" are substituted for ["]Walsh-Healey Public Contracts Act" to use the correct short title of the Act.
The Contract Work Hours and Safety Standards Act, referred to in subsec. (a), is title I of Pub. L. 87–581, Aug. 13, 1962, 76 Stat. 357, as amended, which was classified generally to subchapter II (§327 et seq.) of chapter 5 of former Title 40, Public Buildings, Property, and Works, prior to repeal and reenactment as this chapter by Pub. L. 107–217, §§1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. Section 101 of title I of Pub. L. 87–581 was classified to section 327 of former Title 40 and was repealed and not reenacted by Pub. L. 107–217. For complete classification of this Act to the Code, see Tables.
2011—Subsec. (b)(3)(A)(ii). Pub. L. 111–350 substituted "chapter 65 of title 41" for "the Walsh-Healey Act (41 U.S.C. 35 et seq.)".
2006—Subsec. (b)(3)(B). Pub. L. 109–284 substituted "3702" for "3902" in heading and text and "paragraph (1)(B)(iii)" for "subsection (a)(2)(C)" in text.