41 U.S.C. § 6701 — Definitions

Page 171 TITLE 41—PUBLIC CONTRACTS § 6701 HISTORICAL AND REVISION NOTES—CONTINUED Revised Section Source (U.S. Code) Source (Statutes at Large) 6509(b) ........ 41:43a(c). 6509(c) ........ 41:43a(b) (last sen- tence). Subsection (a) is substituted for ‘‘Notwithstanding any provision of section 4 of the Administrative Proce- dure Act, such Act shall be applicable in the adminis- tration of sections 1 to 5 and 7 to 9 of this Act’’ in sec- tion 10 of the Act of June 30, 1936 (ch. 881), for consist- ency in the revised title and because of section 7(b) of Public Law 89–554 (5 U.S.C. note prec. 101). In subsection (c), the words ‘‘has the right of judicial review’’ are substituted for ‘‘Review . . . may be had’’ for consistency with subsection (b) and with section 6510(b) of the revised title and because the review pro- vided for in chapter 7 of title 5 is denominated as judi- cial review. The words ‘‘chapter 7 of title 5’’ are sub- stituted for ‘‘section 10 of the Administrative Proce- dure Act’’ on authority of section 7(b) of Public Law 89–554 (5 U.S.C. note prec. 101). § 6510. Manufacturers and regular dealers (a) PRESCRIBING STANDARDS.—The Secretary may prescribe, in regulations, standards for de- termining whether a contractor is a manufac- turer or regular dealer with respect to mate- rials, supplies, articles, or equipment to be man- ufactured or furnished under, or used in the per- formance of, a contract entered into by an agen- cy of the United States. (b) JUDICIAL REVIEW.—An interested person has the right of judicial review of any legal question relating to interpretation of the terms ‘‘regular dealer’’ and ‘‘manufacturer’’ as defined pursuant to subsection (a). (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3811.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 6510 ............ 41:43b. June 30, 1936, ch. 881, § 11, as added Pub. L. 103–355, title VII, § 7201(4), Oct. 13, 1994, 108 Stat. 3378; Pub. L. 104–106, div. D, title XLIII, § 4321(f)(1)(A), Feb. 10, 1996, 110 Stat. 675. In subsection (a), the words ‘‘an agency of the United States’’ are substituted for ‘‘any executive department, independent establishment, or other agency or instru- mentality of the United States, or by the District of Columbia, or by any corporation all the stock of which is beneficially owned by the United States’’ because of the definition in section 6501 of the revised title. § 6511. Effect on other law This chapter may not be construed to modify or amend the following provisions: (1) Chapter 83 of this title. (2) Sections 3141 to 3144, 3146, and 3147 of title 40. (3) Chapter 307 of title 18. (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3811.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 6511 ............ 41:42. June 30, 1936, ch. 881, § 8, 49 Stat. 2039. Paragraph (1) is substituted for ‘‘Title III of the act entitled ‘An Act making appropriations for the Treas- ury and Post Office Departments for the fiscal year ending June 30, 1934, and for other purposes’, approved May 3, 1933 (commonly known as the Buy American Act)’’ for consistency in the revised title and to correct an error in the source, which incorrectly gives May 3, 1933, rather than March 3, 1933, as the date of approval. Paragraph (2) is substituted for ‘‘the Act entitled ‘An Act relating to the rate of wages for laborers and me- chanics employed on public buildings of the United States and the District of Columbia by contractors and subcontractors, and for other purposes’, approved March 3, 1931 (commonly known as the Bacon-Davis Act), as amended from time to time’’ because of section 5(c) of Public Law 107–217 (40 U.S.C. note prec. 101) and for consistency with title 40. The words ‘‘the labor provisions of Title II of the Na- tional Industrial Recovery Act, approved June 16, 1933, as extended’’ are omitted as obsolete because of section 201 of the Act of June 21, 1938 (ch. 554, 52 Stat. 816), as amended by the Acts of June 27, 1940 (ch. 437, 54 Stat. 633), April 5, 1941 (ch. 40, 55 Stat. 110), and June 27, 1942 (ch. 450, 56 Stat. 410). The words ‘‘or [the labor provisions] of section 7 of the Emergency Relief Appropriation Act, approved April 8, 1935’’ are omitted as obsolete. The intended ref- erence was probably to section 7 of the Emergency Re- lief Appropriation Act of 1935 (49 Stat. 118). Section 7 of the Emergency Relief Appropriation Act of 1935 pro- vided that the President shall require certain rates of pay for persons engaged in carrying out projects that were financed by amounts being appropriated in that Act. Paragraph (3) is substituted for ‘‘the Act entitled ‘An Act to provide for the diversification of employment of Federal prisoners, for their training and schooling in trades and occupations, and for other purposes’, ap- proved May 27, 1930, as amended and supplemented by the Act approved June 23, 1934’’ for consistency with title 18. The Act of May 27, 1930 (ch. 340, 46 Stat. 391) and the Act of June 23, 1934 (ch. 736, 48 Stat. 1211), which were classified to sections 744a to 744n of former title 18, were substantially repealed and were replaced by chapter 307 and section 4162 of title 18 in the codi- fication of title 18 by the Act of June 25, 1948 (ch. 645, 62 Stat. 683). Subsequently, section 4162 of title 18 was repealed by section 218(a)(4) of Public Law 98–473 (98 Stat. 2027). CHAPTER 67—SERVICE CONTRACT LABOR STANDARDS Sec. 6701. Definitions. 6702. Contracts to which this chapter applies. 6703. Required contract terms. 6704. Limitation on minimum wage. 6705. Violations. 6706. Three-year prohibition on new contracts in case of violation. 6707. Enforcement and administration of chapter. § 6701. Definitions In this chapter: (1) COMPENSATION.—The term ‘‘compensa- tion’’ means any of the payments or fringe benefits described in section 6703 of this title. (2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Labor. (3) SERVICE EMPLOYEE.—The term ‘‘service employee’’— (A) means an individual engaged in the performance of a contract made by the Fed- eral Government and not exempted under section 6702(b) of this title, whether nego- tiated or advertised, the principal purpose of which is to furnish services in the United States; Page 172 TITLE 41—PUBLIC CONTRACTS § 6702 (B) includes an individual without regard to any contractual relationship alleged to exist between the individual and a con- tractor or subcontractor; but (C) does not include an individual em- ployed in a bona fide executive, administra- tive, or professional capacity, as those terms are defined in part 541 of title 29, Code of Federal Regulations. (4) UNITED STATES.—The term ‘‘United States’’— (A) includes any State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, the outer Conti- nental Shelf as defined in the Outer Conti- nental Shelf Lands Act (43 U.S.C. § 1331 et seq.), American Samoa, Guam, Wake Island, and Johnston Island; but (B) does not include any other territory under the jurisdiction of the United States or any United States base or possession within a foreign country. (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3811.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 6701 ............ 41:357. Pub. L. 89–286, § 8, Oct. 22, 1965, 79 Stat. 1036; Pub. L. 93–57, § 1, July 6, 1973, 87 Stat. 140; Pub. L. 94–489, § 3, Oct. 13, 1976, 90 Stat. 2358. In paragraph (3), the word ‘‘individual’’ is substituted for ‘‘person’’ because of the definition of ‘‘person’’ in 1:1. The words ‘‘contract made by the Federal Govern- ment’’ are substituted for ‘‘contract entered into by the United States’’ for consistency in the revised title. The words ‘‘as of July 30, 1976, and any subsequent revi- sion of those regulations’’ are omitted as obsolete. In paragraph (4)(A), the words ‘‘the outer Continental Shelf’’ are substituted for ‘‘Outer Continental Shelf lands’’ for consistency with the definition in 43:1331 and for consistency with the more common usage generally found in subchapter III of chapter 29 of title 43. The words ‘‘Eniwetok Atoll, Kwajalein Atoll’’ are omitted because they are part of the Marshall Islands and therefore no longer part of the United States. The words ‘‘Canton Island’’ are omitted because it is part of Kiribati and therefore no longer part of the United States. Editorial Notes REFERENCES IN TEXT The Outer Continental Shelf Lands Act, referred to in par. (4)(A), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, which is classified generally to subchapter III (§ 1331 et seq.) of chapter 29 of Title 43, Public Lands. For complete clas- sification of this Act to the Code, see Short Title note set out under section 1301 of Title 43 and Tables. § 6702. Contracts to which this chapter applies (a) IN GENERAL.—Except as provided in sub- section (b), this chapter applies to any contract or bid specification for a contract, whether ne- gotiated or advertised, that— (1) is made by the Federal Government or the District of Columbia; (2) involves an amount exceeding $2,500; and (3) has as its principal purpose the fur- nishing of services in the United States through the use of service employees. (b) EXEMPTIONS.—This chapter does not apply to— (1) a contract of the Federal Government or the District of Columbia for the construction, alteration, or repair, including painting and decorating, of public buildings or public works; (2) any work required to be done in accord- ance with chapter 65 of this title; (3) a contract for the carriage of freight or personnel by vessel, airplane, bus, truck, ex- press, railway line or oil or gas pipeline where published tariff rates are in effect; (4) a contract for the furnishing of services by radio, telephone, telegraph, or cable compa- nies, subject to the Communications Act of 1934 (47 U.S.C. 151 et seq.); (5) a contract for public utility services, in- cluding electric light and power, water, steam, and gas; (6) an employment contract providing for di- rect services to a Federal agency by an indi- vidual; and (7) a contract with the United States Postal Service, the principal purpose of which is the operation of postal contract stations. (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3812.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 6702(a) ........ 41:351(a) (words be- fore par. (1) re- lated to applica- bility). Pub. L. 89–286, § 2(a) (words before par. (1) related to applicability), Oct. 22, 1965, 79 Stat. 1034; Pub. L. 94–489, § 1(a), Oct. 13, 1976, 90 Stat. 2358. 6702(b) ........ 41:356. Pub. L. 89–286, § 7, Oct. 22, 1965, 79 Stat. 1035. In subsection (b)(2), the words ‘‘the Walsh-Healey Public Contracts Act (49 Stat. 2036)’’, which appear in section 7(2) of Public Law 89–286 (79 Stat. 1036), are treated as a reference to the Act of June 30, 1936 (ch. 881, 49 Stat. 2036), which was known as the Walsh- Healey Act and which was subsequently designated as the Walsh-Healey Act by section 12 of the Act of June 30, 1936, which was added by section 10005(f)(5) of Public Law 103–355 (108 Stat. 3409). In subsection (b)(7), the words ‘‘United States Postal Service’’ are substituted for ‘‘Post Office Department’’ because of sections 4(a) and 6(o) of the Postal Reorga- nization Act (Public Law 91–375, 84 Stat. 773, 783, 39 U.S.C. note prec. 101, 201 note). Editorial Notes REFERENCES IN TEXT The Communications Act of 1934, referred to in sub- sec. (b)(4), is act June 19, 1934, ch. 652, 48 Stat. 1064, which is classified principally to chapter 5 (§ 151 et seq.) of Title 47, Telecommunications. For complete classi- fication of this Act to the Code, see section 609 of Title 47 and Tables. § 6703. Required contract terms A contract, and bid specification for a con- tract, to which this chapter applies under sec- tion 6702 of this title shall contain the following terms: (1) MINIMUM WAGE.—The contract and bid specification shall contain a provision speci- fying the minimum wage to be paid to each class of service employee engaged in the per- formance of the contract or any subcontract,