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41 U.S.C. § 6705 — Violations
Federal law — U.S. Code and appendices · legal_authorities
**(a) Liability of Responsible Party.—** A party responsible for a violation of a contract provision required under section 6703(1) or (2) of this title or a violation of [section 6704 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section6704&num=0&edition=prelim) is liable for an amount equal to the sum of any deduction, rebate, refund, or underpayment of compensation due any employee engaged in the performance of the contract.
**(b) Recovery of Amounts Underpaid to Employees.—**
(1) **Withholding accrued payments due on contracts.—** — The total amount determined under subsection (a) to be due any employee engaged in the performance of a contract may be withheld from accrued payments due on the contract or on any other contract between the same contractor and the Federal Government. The amount withheld shall be held in a deposit fund. On order of the Secretary, the compensation found by the Secretary or the head of a Federal agency to be due an underpaid employee pursuant to this chapter shall be paid from the deposit fund directly to the underpaid employee.
(2) **Bringing actions against contractors.—** — If the accrued payments withheld under the terms of the contract are insufficient to reimburse a service employee with respect to whom there has been a failure to pay the compensation required pursuant to this chapter, the Federal Government may bring action against the contractor, subcontractor, or any sureties in any court of competent jurisdiction to recover the remaining amount of underpayment. Any amount recovered shall be held in the deposit fund and shall be paid, on order of the Secretary, directly to the underpaid employee. Any amount not paid to an employee because of inability to do so within 3 years shall be cover
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Source file: Laws/federal/codes/united-states-code/title-41/section-6705-violations--f1ce003de0.md
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Source location: Title 41, Chapter 67, § 6705; chapter-067-service-contract-labor-standards.md
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**(a) Liability of Responsible Party.—** A party responsible for a violation of a contract provision required under section 6703(1) or (2) of this title or a violation of [section 6704 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section6704&num=0&edition=prelim) is liable for an amount equal to the sum of any deduction, rebate, refund, or underpayment of compensation due any employee engaged in the performance of the contract.
**(b) Recovery of Amounts Underpaid to Employees.—**
(1) **Withholding accrued payments due on contracts.—** — The total amount determined under subsection (a) to be due any employee engaged in the performance of a contract may be withheld from accrued payments due on the contract or on any other contract between the same contractor and the Federal Government. The amount withheld shall be held in a deposit fund. On order of the Secretary, the compensation found by the Secretary or the head of a Federal agency to be due an underpaid employee pursuant to this chapter shall be paid from the deposit fund directly to the underpaid employee.
(2) **Bringing actions against contractors.—** — If the accrued payments withheld under the terms of the contract are insufficient to reimburse a service employee with respect to whom there has been a failure to pay the compensation required pursuant to this chapter, the Federal Government may bring action against the contractor, subcontractor, or any sureties in any court of competent jurisdiction to recover the remaining amount of underpayment. Any amount recovered shall be held in the deposit fund and shall be paid, on order of the Secretary, directly to the underpaid employee. Any amount not paid to an employee because of inability to do so within 3 years shall be covered into the Treasury as miscellaneous receipts.
**(c) Cancellation and Alternative Completion.—** In addition to other actions in accordance with this section, when a violation of any contract stipulation is found, the Federal agency that made the contract may cancel the contract on written notice to the original contractor. The Federal Government may then make other contracts or arrangements for the completion of the original contract, charging any additional cost to the original contractor.
**(d) Enforcement of Section.—** In accordance with regulations prescribed pursuant to section 6707(a)–(d) of this title, the Secretary or the head of a Federal agency may carry out this section.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** A contractor that makes a contract with the Federal Government, the principal purpose of which is to furnish services through the use of service employees, and any subcontractor, may not pay less than the minimum wage specified under section 6(a)(1) of the Fair Labor Standards Act of 1938 ([29 U.S.C. 206(a)(1)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section206/a/1&num=0&edition=prelim)) to an employee engaged in performing work on the contract.
**(b) Violations.—** Sections 6705 to 6707(d) of this title are applicable to a violation of this section.
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 6704
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Federal law — U.S. Code and appendices · legal_authorities
Page 175
TITLE 41—PUBLIC CONTRACTS
§ 6705
SEC. 8. Enforcement. (a) The Secretary shall have the
authority to investigate potential violations of, and ob-
tain compliance with, this order. In such proceedings,
the Secretary shall have the authority to issue final or-
ders prescribing appropriate sanctions and remedies,
including, but not limited to, orders requiring employ-
ment and payment of wages lost. The Secretary may
also provide that, if a contractor or subcontractor has
failed to comply with any order of the Secretary or has
committed willful violations of this order or the regu-
lations issued pursuant thereto, the contractor or sub-
contractor, and its responsible officers, and any firm in
which the contractor or subcontractor has a substan-
tial interest, may be ineligible to be awarded any con-
tract of the United States for a period of up to 3 years.
Neither an order for debarment of any contractor or
subcontractor from further Federal Government con-
tracts under this section nor the inclusion of a con-
tractor or subcontractor on a published list of noncom-
plying contractors shall be carried out without afford-
ing the contractor or subcontractor an opportunity to
present information and argument in opposition to the
proposed debarment or inclusion on the list.
(b) This order creates no rights under the Contract
Disputes Act, 41 U.S.C. 7101 et seq., and disputes regard-
ing the requirements of the contract clause prescribed
by section 3 of this order, to the extent permitted by
law, shall be disposed of only as provided by the Sec-
retary in regulations issued under this order.
SEC. 9. Revocation. Executive Order 13897 of October
31, 2019 (Improving Federal Contractor Operations by
Revoking Executive Order 13495) [formerly set out
above
Source: Supplied 2024 U.S. Code historical extraction · 41 U.S.C. § 6705
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.