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41 U.S.C. § 6509 — Other procedures

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

41 U.S.C. § 6509 — Other procedures

**(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.

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Source location: Title 41, Chapter 65, § 6509; 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

5 U.S.C. § 553 — Rule making

**(a)** This section applies, according to the provisions thereof, except to the extent that there is involved— (1) a military or foreign affairs function of the United States; or (2) a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts. **(b)** General notice of proposed rule making shall be published in the Federal Register, unless persons subject thereto are named and either personally served or otherwise have actual notice thereof in accordance with law. The notice shall include— (1) a statement of the time, place, and nature of public rule making proceedings; (2) reference to the legal authority under which the rule is proposed; (3) either the terms or substance of the proposed rule or a description of the subjects and issues involved; and (4) the Internet address of a summary of not more than 100 words in length of the proposed rule, in plain language, that shall be posted on the Internet website under section 206(d) of the E-Government Act of 2002 ([44 U.S.C. 3501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3501&num=0&edition=prelim) note) (commonly known as regulations.gov). Except when notice or hearing is required by statute, this subsection does not apply— (A) to interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice; or (B) when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest. **(c)** After notice required by this section, the agency shall give interested persons an opportunity to participate in the rule making through subm

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

41 U.S.C. § 6509 — Other procedures

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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