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41 U.S.C. § 6502 — Required contract terms
Federal law — U.S. Code and appendices · legal_authorities
A contract made by an agency of the United States for the manufacture or furnishing of materials, supplies, articles, or equipment, in an amount exceeding $10,000, shall include the following representations and stipulations:
(1) **Minimum wages to be paid.—** — All individuals employed by the contractor in the manufacture or furnishing of materials, supplies, articles, or equipment under the contract will be paid, without subsequent deduction or rebate on any account, not less than the prevailing minimum wages, as determined by the Secretary, for individuals employed in 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 the contract, except that this paragraph applies only to purchases or contracts relating to industries that have been the subject matter of a determination by the Secretary.
(2) **Maximum number of hours to be worked in a week.—** — No individual employed by the contractor in the manufacture or furnishing of materials, supplies, articles, or equipment under the contract shall be permitted to work in excess of 40 hours in any one week, except that this paragraph does not apply to an employer who has entered into an agreement with employees pursuant to paragraph (1) or (2) of section 7(b) of the Fair Labor Standards Act of 1938 ([29 U.S.C. 207(b)(1)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section207/b/1&num=0&edition=prelim) or (2)).
(3) **Ineligible employees.—** — No individual under 16 years of age and no incarcerated individual will be employed by the contractor in the manufacture or furnishing of materials, supplies, articles, or equipment under the contrac
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Source file: Laws/federal/codes/united-states-code/title-41/section-6502-required-contract-terms--9fb2c345d6.md
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Source location: Title 41, Chapter 65, § 6502; chapter-065-contracts-for-materials-supplies-articles-and-equipment-exceeding-10-000.md
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A contract made by an agency of the United States for the manufacture or furnishing of materials, supplies, articles, or equipment, in an amount exceeding $10,000, shall include the following representations and stipulations:
(1) **Minimum wages to be paid.—** — All individuals employed by the contractor in the manufacture or furnishing of materials, supplies, articles, or equipment under the contract will be paid, without subsequent deduction or rebate on any account, not less than the prevailing minimum wages, as determined by the Secretary, for individuals employed in 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 the contract, except that this paragraph applies only to purchases or contracts relating to industries that have been the subject matter of a determination by the Secretary.
(2) **Maximum number of hours to be worked in a week.—** — No individual employed by the contractor in the manufacture or furnishing of materials, supplies, articles, or equipment under the contract shall be permitted to work in excess of 40 hours in any one week, except that this paragraph does not apply to an employer who has entered into an agreement with employees pursuant to paragraph (1) or (2) of section 7(b) of the Fair Labor Standards Act of 1938 ([29 U.S.C. 207(b)(1)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section207/b/1&num=0&edition=prelim) or (2)).
(3) **Ineligible employees.—** — No individual under 16 years of age and no incarcerated individual will be employed by the contractor in the manufacture or furnishing of materials, supplies, articles, or equipment under the contract, except that this section, or other law or executive order containing similar prohibitions against the purchase of goods by the Federal Government, does not apply to convict labor that satisfies the conditions of [section 1761(c) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1761/c&num=0&edition=prelim).
(4) **Standards of places and working conditions where contract performed.—** — No part of the contract will be performed, and no materials, supplies, articles, or equipment will be manufactured or fabricated under the contract, in plants, factories, buildings, or surroundings, or under working conditions, that are unsanitary, hazardous, or dangerous to the health and safety of employees engaged in the performance of the contract. Compliance with the safety, sanitary, and factory inspection laws of the State in which the work or part of the work is to be performed is prima facie evidence of compliance with this paragraph.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Whoever knowingly transports in interstate commerce or from any foreign country into the United States any goods, wares, or merchandise manufactured, produced, or mined, wholly or in part by convicts or prisoners, except convicts or prisoners on parole, supervised release, or probation, or in any penal or reformatory institution, shall be fined under this title or imprisoned not more than two years, or both.
**(b)** This chapter shall not apply to agricultural commodities or parts for the repair of farm machinery, nor to commodities manufactured in a Federal, District of Columbia, or State institution for use by the Federal Government, or by the District of Columbia, or by any State or Political subdivision of a State or not-for-profit organizations.
**(c)** In addition to the exceptions set forth in subsection (b) of this section, this chapter shall not apply to goods, wares, or merchandise manufactured, produced, or mined by convicts or prisoners who—
(1) are participating in—one of not more than 50 prison work pilot projects designated by the Director of the Bureau of Justice Assistance;
(2) have, in connection with such work, received wages at a rate which is not less than that paid for work of a similar nature in the locality in which the work was performed, except that such wages may be subject to deductions which shall not, in the aggregate, exceed 80 per centum of gross wages, and shall be limited as follows:
(A) taxes (Federal, State, local);
(B) reasonable charges for room and board, as determined by regulations issued by the chief State correctional officer, in the case of a State prisoner;
(C) allocations for support of family pursuant to State statute, court order, or agreement by the offender;
(D) contributions to any fund establish
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Applicable Breach or Violation.—** This section applies in case of breach or violation of a representation or stipulation included in a contract under [section 6502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section6502&num=0&edition=prelim).
**(b) Liquidated Damages.—** In addition to damages for any other breach of the contract, the party responsible for a breach or violation described in subsection (a) is liable to the Federal Government for the following liquidated damages:
(1) An amount equal to the sum of $10 per day for each individual under 16 years of age and each incarcerated individual knowingly employed in the performance of the contract.
(2) An amount equal to the sum of each underpayment of wages due an employee engaged in the performance of the contract, including any underpayments arising from deductions, rebates, or refunds.
**(c) Cancellation and Alternative Completion.—** In addition to the Federal Government being entitled to damages described in subsection (b), the agency of the United States that made the contract may cancel the contract and make open-market purchases or make other contracts for the completion of the original contract, charging any additional cost to the original contractor.
**(d) Recovery of Amounts Due.—** An amount due the Federal Government because of a breach or violation described in subsection (a) may be withheld from any amounts owed the contractor under any contract under [section 6502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section6502&num=0&edition=prelim) or may be recovered in a suit brought by the Attorney General.
**(e) Employee Reimbursement for Underpayment of Wages.—** An amount withheld or recovered under subsection (
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Distribution of List.—** The Comptroller General shall distribute to each agency of the United States a list containing the names of persons found by the Secretary to have breached or violated a representation or stipulation included in a contract under [section 6502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section6502&num=0&edition=prelim).
**(b) Three-Year Prohibition.—** Unless the Secretary recommends otherwise, a contract described in [section 6502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section6502&num=0&edition=prelim) may not be awarded to a person named on the list under subsection (a), or to a firm, corporation, partnership, or association in which the person has a controlling interest, until 3 years have elapsed from the date of the determination by the Secretary that a breach or violation occurred.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Record and Hearing Requirements for Wage Determinations.—** A wage determination under [section 6502(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section6502/1&num=0&edition=prelim) shall be made on the record after opportunity for a hearing.
**(b) Authority To Hold Hearings.—** The Secretary or an impartial representative designated by the Secretary may hold hearings when there is a complaint of breach or violation of a representation or stipulation included in a contract under [section 6502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section6502&num=0&edition=prelim). The Secretary may initiate hearings on the Secretary’s own motion or on the application of a person affected by the ruling of an agency of the United States relating to a proposal or contract under this chapter.
**(c) Orders To Compel Testimony.—** The Secretary or an impartial representative designated by the Secretary may issue orders requiring witnesses to attend hearings held under this section and to produce evidence and testify under oath. Witnesses shall be paid fees and mileage at the same rates as witnesses in courts of the United States.
**(d) Enforcement of Orders.—** If a person refuses or fails to obey an order issued under subsection (c), the Secretary or an impartial representative designated by the Secretary may bring an action to enforce the order in a district court of the United States or in the district court of a territory or possession of the United States. A court has jurisdiction to enforce the order if the inquiry is being carried out within the court’s judicial district or if the person is found or resides or transacts business within the court’s judicial district. The court may issue an o
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 6507
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Duty of the Secretary To Make Exceptions.—** When the head of an agency of the United States makes a written finding that the inclusion of representations or stipulations under [section 6502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section6502&num=0&edition=prelim) in a proposal or contract will seriously impair the conduct of Federal Government business, the Secretary shall make exceptions, in specific cases or otherwise, when justice or the public interest will be served.
**(b) Authority of the Secretary To Modify Existing Contracts.—** When an agency of the United States and a contractor jointly recommend, the Secretary may modify the terms of an existing contract with respect to minimum wages and maximum hours of labor as the Secretary finds necessary and proper in the public interest or to prevent injustice and undue hardship.
**(c) Authority of the Secretary To Allow Limitations, Variations, Tolerances, and Exemptions.—** The Secretary may provide reasonable limitations and may prescribe regulations to allow reasonable variations, tolerances, and exemptions in the application of this chapter to contractors, including with respect to minimum wages and maximum hours of labor.
**(d) Rate of Pay for Overtime.—** When the Secretary permits an increase in the maximum hours of labor stipulated in a contract, the Secretary shall set a rate of pay for overtime. The overtime rate must be at least one and one-half times the basic hourly rate.
**(e) Authority of the President To Suspend.—** The President may suspend any of the representations and stipulations contained in [section 6502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section6502&num=0&edition=prelim) whenever, in the Presi
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 6508
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Applicability of Certain Administrative Provisions.—** Notwithstanding [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim), subchapter II of chapter 5 and chapter 7 of title 5 are applicable in the administration of sections 6501 to 6507 and 6511 of this title.
**(b) Judicial Review in General.—** Notwithstanding the inclusion of representations and stipulations in a contract under [section 6502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section6502&num=0&edition=prelim), an interested person has the right of judicial review of any legal question which might otherwise be raised, including wage determinations and the interpretation of the terms “locality” and “open market”.
**(c) Judicial Review of Wage Determinations.—** A person adversely affected or aggrieved by a wage determination under [section 6502(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section6502/1&num=0&edition=prelim) has the right of judicial review of the determination, or of the applicability of the determination, within 90 days after the determination is made, in the manner provided by chapter 7 of title 5. A person adversely affected or aggrieved by a wage determination is deemed to include a person in an industry to which the determination applies that is a supplier of materials, supplies, articles, or equipment that are purchased or intended to be purchased by the Federal Government from any source.
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 6509
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Employees engaged in interstate commerce; additional applicability to employees pursuant to subsequent amendatory provisions**
(1) Except as otherwise provided in this section, no employer shall employ any of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, for a workweek longer than forty hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed.
(2) No employer shall employ any of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, and who in such workweek is brought within the purview of this subsection by the amendments made to this chapter by the Fair Labor Standards Amendments of 1966—
(A) for a workweek longer than forty-four hours during the first year from the effective date of the Fair Labor Standards Amendments of 1966,
(B) for a workweek longer than forty-two hours during the second year from such date, or
(C) for a workweek longer than forty hours after the expiration of the second year from such date,
unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed.
**(b) Employment pursuant to collective bargaining agreement; employment by independently owned and controlled local enterprise engaged in distribution of petroleum products** No employer shall be deemed to have violated subsection
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 207
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Federal law — U.S. Code and appendices · legal_authorities
Page 78
TITLE 29—LABOR
§ 207
as notes under this section], through exercise by Con-
gress of its power to regulate commerce among the sev-
eral States and with foreign nations, to correct the
conditions above referred to in such industries.’’
DEFINITION OF ‘‘ADMINISTRATOR’’
The term ‘‘Administrator’’ as meaning the Adminis-
trator of the Wage and Hour Division, see section 204 of
this title.
Executive Documents
TRANSFER OF FUNCTIONS
Functions relating to enforcement and administra-
tion of equal pay provisions vested by this section in
Secretary of Labor and Administrator of Wage and
Hour Division of Department of Labor transferred to
Equal Employment Opportunity Commission by Reorg.
Plan No. 1 of 1978, § 1, 43 F.R. 19807, 92 Stat. 3781, set out
in the Appendix to Title 5, Government Organization
and Employees, effective Jan. 1, 1979, as provided by
section 1–101 of Ex. Ord. No. 12106, Dec. 28, 1978, 44 F.R.
1053.
Functions of all other officers of Department of
Labor and functions of all agencies and employees of
that Department, with exception of functions vested by
Administrative Procedure Act (now covered by sections
551 et seq. and 701 et seq. of Title 5, Government Orga-
nization and Employees) in hearing examiners em-
ployed by Department, transferred to Secretary of
Labor, with power vested in him to authorize their per-
formance or performance of any of his functions by any
of those officers, agencies, and employees, by Reorg.
Plan No. 6 of 1950, §§ 1, 2, 15 F.R. 3174, 64 Stat. 1263, set
out in the Appendix to Title 5.
§ 207. Maximum hours
(a) Employees engaged in interstate commerce;
additional applicability to employees pursu-
ant to subsequent amendatory provisions
(1) Except as otherwise provided in this sec-
tion, no employer shall
Source: Supplied 2024 U.S. Code historical extraction · 29 U.S.C. § 207
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Federal law — U.S. Code and appendices · legal_authorities
Page 166
TITLE 41—PUBLIC CONTRACTS
§ 6502
Executive Documents
EX. ORD. NO. 13126. PROHIBITION
OF ACQUISITION
OF
PRODUCTS PRODUCED BY FORCED OR INDENTURED CHILD
LABOR
Ex. Ord. No. 13126, June 12, 1999, 64 F.R. 32383, pro-
vided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, and in order to continue the executive
branch’s commitment to fighting abusive child labor
practices, it is hereby ordered as follows:
SECTION. 1. Policy. It shall be the policy of the United
States Government, consistent with the Tariff Act of
1930, 19 U.S.C. 1307, the Fair Labor Standards Act [of
1938], 29 U.S.C. 201 et. seq., and the Walsh-Healey Public
Contracts Act [Walsh-Healey Act], [former] 41 U.S.C. 35
et seq. [see 41 U.S.C. 6501 et seq.], that executive agen-
cies shall take appropriate actions to enforce the laws
prohibiting the manufacture or importation of goods,
wares, articles, and merchandise mined, produced, or
manufactured wholly or in part by forced or indentured
child labor.
SEC. 2. Publication of List. Within 120 days after the
date of this order, the Department of Labor, in con-
sultation and cooperation with the Department of the
Treasury and the Department of State, shall publish in
the Federal Register a list of products, identified by
their country of origin, that those Departments have a
reasonable basis to believe might have been mined, pro-
duced, or manufactured by forced or indentured child
labor. The Department of Labor may conduct hearings
to assist in the identification of those products.
SEC. 3. Procurement Regulations. Within 120 days after
the date of this order, the Federal Acquisition Regu-
latory Council shall issue proposed rules to implement
the following:
(a) Require
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