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Title 41, Public ContractsRelease 119-110

§6508 Authority to Make Exceptions

Title 41 › Subtitle II — Other Advertising and Contract Provisions › CHAPTER 65 — CONTRACTS FOR MATERIALS, SUPPLIES, ARTICLES, AND EQUIPMENT EXCEEDING $10,000 › § 6508

Last updated Sep 22, 2026|Official source

Summary

The Secretary must allow exceptions or changes to certain required contract promises when an agency head writes that following them would seriously hurt government work, and when fairness or the public interest calls for it. If an agency and a contractor both ask, the Secretary may change existing contracts about minimum wages or maximum work hours to serve the public interest or prevent unfair hardship. The Secretary can also set rules to permit reasonable limits, variations, tolerances, or exemptions, and if more hours are allowed must set overtime pay at least one and one-half times the basic hourly rate. The President may suspend any of those required promises whenever the President decides it is in the public interest.

Full Legal Text

Title 41, §6508

Public Contracts, Source: USLM XML via OLRC

(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 Contracts.—
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, Variations, Tolerances, and Exemptions.—
The Secretary may provide 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.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 6508(a)41:40 (1st sentence).June 30, 1936, ch. 881, § 6, 49 Stat. 2038; June 28, 1940, ch. 440, title I, § 13, 54 Stat. 681. 6508(b)41:40 (2d sentence). 6508(c)41:40 (3d sentence). 6508(d)41:40 (last sentence less proviso). 6508(e)41:40 (last sentence proviso). In subsection (a), the words “an agency of the United States” are substituted for “the contracting agency or department” for consistency in the chapter. Commas are inserted after “exceptions” and “otherwise” to clarify that the words “when justice or the public interest will be served” apply to exceptions in “specific cases” as well as “otherwise”. The word “thereby” is omitted as unnecessary. In subsection (b), the words “an agency of the United States” are substituted for “the contracting agency”, and the words “minimum wages” are substituted for “minimum rates of pay”, for consistency in the chapter. In subsection (c), the word “rules” is omitted as included in “

Regulations

”. The words “as hereinbefore described” are omitted as unnecessary. The words “minimum wages” are substituted for “minimum rates of pay” for consistency in the chapter. In subsection (d), the words “received by any employee affected” are omitted as unnecessary. In subsection (e), the words “or all” are omitted as unnecessary.

Reference

Citations & Metadata

Citation

41 U.S.C. § 6508

Title 41, Public Contracts

Last Updated

Sep 22, 2026

Release point: 119-110