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41 U.S.C. § 6508 — Authority to make exceptions

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

41 U.S.C. § 6508 — Authority to make exceptions

**(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

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Source file: Laws/federal/codes/united-states-code/title-41/section-6508-authority-to-make-exceptions--3d3a067433.md
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Source location: Title 41, Chapter 65, § 6508; 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. § 6508 — Authority to make exceptions

Page 170 TITLE 41—PUBLIC CONTRACTS § 6508 order issued under subsection (c)’’ are substituted for ‘‘requiring such person to appear before him or rep- resentative designated by him, to produce evidence if, as, and when so ordered, and to give testimony relating to the matter under investigation or in question’’ for clarity and to eliminate unnecessary words. In subsection (e), the duty to make findings of fact is restated as a duty of the Secretary (or the Secretary’s representative). The grammatical structure of the last sentence of 41:39 seems to suggest that the court, rath- er than the Secretary (or the Secretary’s representa- tive), serves as fact finder. However, the provision taken as a whole indicates that it is the Secretary (or the Secretary’s representative) who serves as fact find- er. It is the Secretary (or the Secretary’s representa- tive) before whom hearings are held, witnesses testify, and evidence is produced. The court’s involvement is limited to compelling recalcitrant witnesses ‘‘to appear before him [the Secretary] or representative designated by him’’. The restatement clarifies the generally ac- cepted understanding that the Secretary (or the Sec- retary’s representative) serves as fact finder (see, e.g., United States v. Sweet Briar, 92 F. Supp. 777, 780 (W.D.S.C. 1950) (‘‘the Secretary ‘shall make findings of fact’ ’’); Ready-Mix Concrete Company v. United States, 158 F. Supp. 571, 578 (Cl. Ct. 1958) (‘‘the findings of the Department of Labor’’)). § 6508. Authority to make exceptions (a) DUTY OF THE SECRETARY TO MAKE EXCEP- TIONS.—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 in a proposal or contract will se

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