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41 U.S.C. § 6504 — Three-year prohibition on new contracts in case of breach or violation

Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 6504 — Three-year prohibition on new contracts in case of breach or violation

**(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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Source location: Title 41, Chapter 65, § 6504; chapter-065-contracts-for-materials-supplies-articles-and-equipment-exceeding-10-000.md

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 6502 — Required contract terms

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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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 6504 — Three-year prohibition on new contracts

Page 168 TITLE 41—PUBLIC CONTRACTS § 6504 in the performance of the contract, including any underpayments arising from deductions, rebates, or refunds. (c) CANCELLATION AND ALTERNATIVE COMPLE- TION.—In addition to the Federal Government being entitled to damages described in sub- section (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 con- tract, charging any additional cost to the origi- nal 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 or may be recovered in a suit brought by the Attorney General. (e) EMPLOYEE REIMBURSEMENT FOR UNDER- PAYMENT OF WAGES.—An amount withheld or re- covered under subsection (d) that is based on an underpayment of wages as described in sub- section (b)(2) shall be held in a special deposit account. On order of the Secretary, the amount shall be paid directly to the underpaid employee on whose account the amount was withheld or recovered. However, an employee’s claim for payment under this subsection may be enter- tained only if made within one year from the date of actual notice to the contractor of the withholding or recovery. (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3808.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 6503 ............ 41:36. June 30, 1936, ch. 881, § 2, 49 Stat. 2037. In subsection (b)(1), the words ‘‘individual under 16 years of age’’ are substituted for ‘‘male person under sixteen years of age or each female person und

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