H. R. 1107—133 
§ 6505. Exclusions 
(a) ITEMS AVAILABLE IN THE OPEN MARKET.—This chapter does 
not apply to the purchase of materials, supplies, articles, or equip-
ment that may usually be bought in the open market. 
(b) PERISHABLES
AND AGRICULTURAL PRODUCTS.—This chapter 
does not apply to any of the following: 
(1) Perishables, including dairy, livestock and nursery prod-
ucts. 
(2) Agricultural or farm products processed for first sale 
by the original producers. 
(3) Contracts made by the Secretary of Agriculture for the 
purchase of agricultural commodities or products of agricultural 
commodities. 
(c) CARRIAGE
OF FREIGHT
OR PERSONNEL.—This chapter may 
not be construed to apply to— 
(1) the carriage of freight or personnel by vessel, airplane, 
bus, truck, express, or railway line where published tariff rates 
are in effect; or 
(2) common carriers subject to the Communications Act of 
1934 (47 U.S.C. 151 et seq.). 
§ 6506. Administrative provisions 
(a) IN GENERAL.—The Secretary shall administer this chapter. 
(b) REGULATIONS.—The Secretary may make, amend, and rescind 
regulations as necessary to carry out this chapter. 
(c) USE OF GOVERNMENT OFFICERS AND EMPLOYEES.—The Sec-
retary shall use Federal officers and employees and, with a State’s 
consent, State and local officers and employees as the Secretary 
finds necessary to assist in the administration of this chapter. 
(d) APPOINTMENTS.—The Secretary shall appoint an administra-
tive officer and attorneys, experts, and other employees from time 
to time as the Secretary finds necessary for the administration 
of this chapter. The appointments are subject to chapter 51 and 
subchapter III of chapter 53 of title 5 and other law applicable 
to the employment and compensation of officers and employees 
of the Federal Government. 
(e) INVESTIGATIONS.—The Secretary, or an authorized representa-
tive of the Secretary, may make investigations and findings as 
provided in this chapter and may, in any part of the United States, 
prosecute an inquiry necessary to carry out this chapter. 
§ 6507. Hearing authority and procedures 
(a) RECORD AND HEARING REQUIREMENTS FOR WAGE DETERMINA-
TIONS.—A wage determination under section 6502(1) of this title 
shall be made on the record after opportunity for a hearing. 
(b) AUTHORITY TO HOLD HEARINGS.—The Secretary or an impar-
tial representative designated by the Secretary may hold hearings 
when there is a complaint of breach or violation of a representation 
or stipulation included in a contract under section 6502 of this 
title. The Secretary may initiate hearings on the Secretary’s own 
motion or on the application of a person affected by the ruling 
of an agency of the United States relating to a proposal or contract 
under this chapter. 
(c) ORDERS TO COMPEL TESTIMONY.—The Secretary or an impar-
tial representative designated by the Secretary may issue orders 
requiring witnesses to attend hearings held under this section and 
to produce evidence and testify under oath. Witnesses shall be
H. R. 1107—134 
paid fees and mileage at the same rates as witnesses in courts 
of the United States. 
(d) ENFORCEMENT OF ORDERS.—If a person refuses or fails to 
obey an order issued under subsection (c), the Secretary or an 
impartial representative designated by the Secretary may bring 
an action to enforce the order in a district court of the United 
States or in the district court of a territory or possession of the 
United States. A court has jurisdiction to enforce the order if 
the inquiry is being carried out within the court’s judicial district 
or if the person is found or resides or transacts business within 
the court’s judicial district. The court may issue an order requiring 
the person to obey the order issued under subsection (c), and the 
court may punish any further refusal or failure as contempt of 
court. 
(e) FINDINGS OF FACT.—After notice and a hearing, the Secretary 
or an impartial representative designated by the Secretary shall 
make findings of fact. The findings are conclusive for agencies 
of the United States. If supported by a preponderance of the evi-
dence, the findings are conclusive in any court of the United States. 
(f) DECISIONS.—The Secretary or an impartial representative des-
ignated by the Secretary may make decisions, based on findings 
of fact, that are considered necessary to enforce this chapter. 
§ 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 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 CON-
TRACTS.—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, VARI-
ATIONS, TOLERANCES, AND EXEMPTIONS.—The Secretary may pro-
vide 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 whenever, in the President’s judgment, 
suspension is in the public interest. 
§ 6509. Other procedures 
(a) APPLICABILITY OF CERTAIN ADMINISTRATIVE PROVISIONS.—Not-
withstanding section 553 of title 5, 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.
H. R. 1107—135 
(b) JUDICIAL REVIEW IN GENERAL.—Notwithstanding the inclusion 
of representations and stipulations in a contract under section 
6502 of this title, 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 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. 
§ 6510. Manufacturers and regular dealers 
(a) PRESCRIBING STANDARDS.—The Secretary may prescribe, in 
regulations, standards for determining whether a contractor is a 
manufacturer or regular dealer with respect to materials, supplies, 
articles, or equipment to be manufactured or furnished under, or 
used in the performance of, a contract entered into by an agency 
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). 
§ 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. 
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 ‘‘compensation’’ 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 Federal Government and not