§6509 — Title 41 Public Contracts | U.S. Code

Summary

When the government applies the wage rules in sections 6501–6507 and 6511, the normal Title 5 procedures for making rules and for court review (including section 553 and chapter 7 of Title 5) must be used. Even if a contract includes statements or promises, someone with a legal interest can still ask a court to decide legal questions, like wage decisions or what “locality” and “open market” mean. A person harmed by a wage decision under section 6502(1) can go to court about the decision or whether it applies to them, but they must do so within 90 days after the decision. “Adversely affected” includes businesses in the covered industry that supply materials or equipment the Federal Government buys.

Title 41, §6509

Public Contracts — Source: USLM XML via OLRC

(a)Notwithstanding 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.

(b)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)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.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 6509(a)41:43a(a).June 30, 1936, ch. 881, § 10(a), (b) (last sentence), (c), as added June 30, 1952, ch. 530, title III, § 301, 66 Stat. 308; Pub. L. 103–355, title VII, § 7201(2), (3), Oct. 13, 1994, 108 Stat. 3378. 6509(b)41:43a(c). 6509(c)41:43a(b) (last sentence). Subsection (a) is substituted for “Notwithstanding any provision of section 4 of the Administrative Procedure Act, such Act shall be applicable in the administration of sections 1 to 5 and 7 to 9 of this Act” in section 10 of the Act of June 30, 1936 (ch. 881), for consistency 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 provided for in chapter 7 of title 5 is denominated as judicial review. The words “chapter 7 of title 5” are substituted for “section 10 of the Administrative Procedure Act” on authority of section 7(b) of Public Law 89–554 (5 U.S.C. note prec. 101).

§6509 Other procedures

Summary

Title 41, §6509

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata