§6702 — Title 41 Public Contracts | U.S. Code

Summary

Federal and District of Columbia contracts worth more than $2,500 that are mainly for getting services in the United States from service employees must follow these rules. This covers bids and contracts whether they are negotiated or advertised. The rules do not apply to certain contracts, including construction or repair of public buildings or works; work covered by chapter 65; transport of freight or passengers when published tariff rates apply; services from radio, telephone, telegraph, or cable companies under the Communications Act of 1934; public utility services like electricity, water, steam, and gas; a contract where one person is hired to work directly for a federal agency; and Postal Service contracts whose main purpose is running postal contract stations.

Title 41, §6702

Public Contracts — Source: USLM XML via OLRC

(a)Except as provided in subsection (b), this chapter applies 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)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 accordance with chapter 65 of this title;

(3)a contract for the carriage of freight or personnel by vessel, airplane, bus, truck, express, 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 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;

(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.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 6702(a)41:351(a) (words before par. (1) related to applicability).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 section 4(a) and 6(o) of the Postal Reorganization 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 subsec. (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 classification of this Act to the Code, see section 609 of Title 47 and Tables.

§6702 Contracts to which this chapter applies