§6508 — Title 41 Public Contracts | U.S. Code

Summary

The Secretary can allow exceptions to certain required statements and promises in proposals or contracts when an agency head says including them would seriously harm federal operations and when justice or the public interest is served. If an agency and a contractor both ask, the Secretary can change an existing contract’s minimum wages or maximum work hours to protect the public interest or avoid unfair hardship. The Secretary may also make rules to allow reasonable variations, tolerances, and exemptions for contractors, including about wages and hours. If more hours are allowed, overtime pay must be at least 1½ times the regular hourly rate. The President can suspend any of those required statements when the President decides it is in the public interest.

Title 41, §6508

Public Contracts — Source: USLM XML via OLRC

(a)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)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)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)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)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.

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.

§6508 Authority to Make Exceptions

Summary

Title 41, §6508

Notes & Related Subsidiaries

Historical and Revision Notes

Regulations

Citations & Metadata