41 U.S.C. § 6702 — Contracts to which this chapter applies

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,