170 
tion 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 applica-
bility 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 pur-
chased by the Federal Government from any source. 
§ 6510. Manufacturers and regular dealers 
(a) PRESCRIBING STANDARDS.—The Secretary may prescribe, in regula-
tions, 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 con-
tract entered into by an agency of the United States. 
(b) JUDICIAL REVIEW.—An interested person has the right of judicial re-
view 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 pro-
visions: 
(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 con-
tract made by the Federal Government and not exempted under
171 
section 6702(b) of this title, whether negotiated or advertised, the 
principal purpose of which is to furnish services in the United 
States; 
(B) includes an individual without regard to any contractual re-
lationship alleged to exist between the individual and a contractor 
or subcontractor; but 
(C) does not include an individual employed in a bona fide exec-
utive, administrative, 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 Co-
lumbia, Puerto Rico, the Virgin Islands, the outer Continental 
Shelf as defined in the Outer Continental 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 with-
in a foreign country. 
§ 6702. Contracts to which this chapter applies 
(a) IN GENERAL.—Except as provided in subsection (b), this chapter ap-
plies to any contract or bid specification for a contract, whether negotiated 
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 furnishing 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 Colum-
bia for the construction, alteration, or repair, including painting and 
decorating, of public buildings or public works; 
(2) any work required to be done in accordance with chapter 65 of 
this title; 
(3) a contract for the carriage of freight or personnel by vessel, air-
plane, bus, truck, express, railway line or oil or gas pipeline where pub-
lished tariff rates are in effect; 
(4) a contract for the furnishing of services by radio, telephone, tele-
graph, or cable companies, subject to the Communications Act of 1934 
(47 U.S.C. 151 et seq.); 
(5) a contract for public utility services, including electric light and 
power, water, steam, and gas;
172 
(6) an employment contract providing for direct services to a Federal 
agency by an individual; and 
(7) a contract with the United States Postal Service, the principal 
purpose of which is the operation of postal contract stations. 
§ 6703. Required contract terms 
A contract, and bid specification for a contract, to which this chapter ap-
plies under section 6702 of this title shall contain the following terms: 
(1) MINIMUM WAGE.—The contract and bid specification shall con-
tain a provision specifying the minimum wage to be paid to each class 
of service employee engaged in the performance of the contract or any 
subcontract, as determined by the Secretary or the Secretary’s author-
ized representative, in accordance with prevailing rates in the locality, 
or, where a collective-bargaining agreement covers the service employ-
ees, in accordance with the rates provided for in the agreement, includ-
ing prospective wage increases provided for in the agreement as a re-
sult of arm’s length negotiations. In any case the minimum wage may 
not be less than the minimum wage specified in section 6704 of this 
title. 
(2) FRINGE BENEFITS.—The contract and bid specification shall 
contain a provision specifying the fringe benefits to be provided to each 
class of service employee engaged in the performance of the contract 
or any subcontract, as determined by the Secretary or the Secretary’s 
authorized representative to be prevailing in the locality, or, where a 
collective-bargaining agreement covers the service employees, to be pro-
vided for under the agreement, including prospective fringe benefit in-
creases provided for in the agreement as a result of arm’s-length nego-
tiations. The fringe benefits shall include medical or hospital care, pen-
sions on retirement or death, compensation for injuries or illness result-
ing from occupational activity, or insurance to provide any of the fore-
going, unemployment benefits, life insurance, disability and sickness in-
surance, accident insurance, vacation and holiday pay, costs of appren-
ticeship or other similar programs and other bona fide fringe benefits 
not otherwise required by Federal, State, or local law to be provided 
by the contractor or subcontractor. The obligation under this para-
graph may be discharged by furnishing any equivalent combinations of 
fringe benefits or by making equivalent or differential payments in cash 
under regulations established by the Secretary. 
(3) WORKING CONDITIONS.—The contract and bid specification shall 
contain a provision specifying that no part of the services covered by 
this chapter may be performed in buildings or surroundings or under 
working conditions, provided by or under the control or supervision of