41 U.S.C. § 40 : US Code - Section 40: Exceptions from Walsh-Healey provisions; modification of contracts; variations; overtime; suspension of representations and stipulations

Search 41 U.S.C. § 40 : US Code - Section 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.