U.S. Code
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Title 41
» Subtitle Subtitle II— Other Advertising and Contract Provisions › Chapter CHAPTER 65— CONTRACTS FOR MATERIALS, SUPPLIES, ARTICLES, AND EQUIPMENT EXCEEDING $10,000
41 U.S.C. § 6502
Required contract terms
A contract made by an agency of the United States for the manufacture or furnishing of materials, supplies, articles, or equipment, in an amount exceeding $10,000, shall include the following representations and stipulations:(1)Minimum wages to be paid.—All individuals employed by the contractor in the manufacture or furnishing of materials, supplies, articles, or equipment under the contract will be paid, without subsequent deduction or rebate on any account, not less than the prevailing minimum wages, as determined by the Secretary, for individuals employed in similar work or in the particular or similar industries or groups of industries currently operating in the locality in which the materials, supplies, articles, or equipment are to be manufactured or furnished under the contract, except that this paragraph applies only to purchases or contracts relating to industries that have been the subject matter of a determination by the Secretary.(2)Maximum number of hours to be worked in a week.—No individual employed by the contractor in the manufacture or furnishing of materials, supplies, articles, or equipment under the contract shall be permitted to work in excess of 40 hours in any one week, except that this paragraph does not apply to an employer who has entered into an agreement with employees pursuant to paragraph (1) or (2) of section 7(b) of the Fair Labor Standards Act of 1938 (29 U.S.C. 207(b)(1) or (2)).(3)Ineligible employees.—No individual under 16 years of age and no incarcerated individual will be employed by the contractor in the manufacture or furnishing of materials, supplies, articles, or equipment under the contract, except that this section, or other law or executive order containing similar prohibitions against the purchase of goods by the Federal Government, does not apply to convict labor that satisfies the conditions of section 1761(c) of title 18.(4)Standards of places and working conditions where contract performed.—No part of the contract will be performed, and no materials, supplies, articles, or equipment will be manufactured or fabricated under the contract, in plants, factories, buildings, or surroundings, or under working conditions, that are unsanitary, hazardous, or dangerous to the health and safety of employees engaged in the performance of the contract. Compliance with the safety, sanitary, and factory inspection laws of the State in which the work or part of the work is to be performed is prima facie evidence of compliance with this paragraph.(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3807.)Historical and Revision Notes |
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6502 (matter before par. (1)) | 41:35 (matter before subsec. (a) less words related to definition of “agency of the United States”). | June 30, 1936, ch. 881, § 1 (matter before subsec. (a) less words related to definition of “agency of the United States”), (a), 49 Stat. 2036; Pub. L. 103–355, title VII, § 7201(1), Oct. 13, 1994, 108 Stat. 3378. |
6502(1) | 41:35(a). | |
| 41:45. | June 30, 1936, ch. 881, § 13, formerly § 11, 49 Stat. 2039; renumbered § 12, June 30, 1952, ch. 530, title III, § 301, 66 Stat. 308; renumbered § 13, Pub. L. 104–106, div. D, title XLIII, § 4321(f)(1)(B), Feb. 10, 1996, 110 Stat. 675. |
6502(2)–(4) | 41:35(b)–(d). | June 30, 1936, ch. 881, § 1(b)–(d), 49 Stat. 2036; May 13, 1942, ch. 306, 56 Stat. 277; Pub. L. 90–351, title I, § 819(b), formerly § 827(b), as added Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1215 and renumbered § 819(b), Pub. L. 98–473, title II, § 609B(f), Oct. 12, 1984, 98 Stat. 2093; Pub. L. 99–145, title XII, § 1241(b), Nov. 8, 1985, 99 Stat. 734; Pub. L. 103–355, title VII, § 7201(1), Oct. 13, 1994, 108 Stat. 3378. |
In the matter before paragraph (1), the words “and entered into” are omitted as unnecessary.
In paragraph (1), the words “under the contract” are substituted for “used in the performance of the contract” in 41:35(a) to eliminate unnecessary words and for consistency in the chapter. The words “Sections 35 to 45 of this title shall apply to all contracts entered into pursuant to invitations for bids issued on or after ninety days from June 30, 1936” in 41:45 are omitted as obsolete.
In paragraph (2), the words “under the contract” are substituted for “used in the performance of the contract” to eliminate unnecessary words and for consistency in the chapter.
In paragraph (3), the words “No individual under 16 years of age” are substituted for “no male person under sixteen years of age and no female person under eighteen years of age” to reflect the interpretation of this provision subsequent to enactment of civil rights laws such as section 703 of the Civil Rights Act of 1964 (42:2000e–2), as carried out by the Department of Labor through 41 C.F.R. Part 50–201.104. The words “incarcerated individual” are substituted for “convict labor” the first time the words appear because the term “convict labor” is ambiguous and may be interpreted to include individuals who are not incarcerated. This would be an inappropriate interpretation because 41:35(c) provides an exception for “convict labor” that satisfies the conditions of 18:1761(c) regarding certain non-Federal prison work projects. The words “or production” are omitted for consistency with the source provisions for paragraphs (1) and (2) and because, in this context, the concept of “production” is included in the words “manufacture or furnishing”. The words “under the contract” are substituted for “included in such contract” for consistency in the chapter.
Notes of Decisions
United States v. Thomas Harris, 821 F.3d 589 (5th Cir. 2016).
“, 41 U.S.C. §§ 6502 , 6703 (requiring payment of prevailing wage to employees of'contractors providing goods and services to the federal government); 41 C.”
State of Nebraska v. Julie A. Su, 121 F.4th 1 (9th Cir. 2024).
· cites it 3× “§ 3142 (b); 41 U.S.C. §§ 6502 (1), 6703(1). Each statute has its own regulatory scheme designed for a particular context (laborers and mechanics, contractors STATE OF NEBRASKA V.”
Kiewit Power Constructors Co. v. Sec'y of Labor, 959 F.3d 381 (D.C. Cir. 2020).
“§§ 6501–6511), applied only to manufacturers and suppliers operating under federal contracts, see 41 U.S.C. § 6502 (4). Other labor laws similarly conditioned coverage on the existence of a federal nexus.”
Rasmussen v. State of South Dakota (D.S.D. 2023).
· cites it 3× “at 2-3 ; see also 41 U.S.C. § 6502 (providing the required contract terms for “Ta] contract made by an agency of the United States for the manufacture or furnishing of materials, supplies, articles, or equipment, in an amount exceeding $10,000[,]” which are the contracts for…”
Brown v. United States Dep't of Educ. (W.D. Wash. 2022).
· cites it 3× “§ 6503 , which in 19 turn involves contracts governed by 41 U.S.C. § 6502 . These statutes pertain to requirements for 20 contracts with the United States government “for the manufacture or furnishing of materials, 21 supplies, articles, or equipment, in an amount exceeding…”
Rahaman v. Progressive Ins. Co. (E.D. Mich. 2025).
· cites it 3× “So, she brings 12 counts against “Progressive Insurance Company”: Count Claim (Statutory Source Cited by Plaintiff) I Breach of Contract ( 41 U.S.C. § 6502 ) II Bad Faith ( 41 U.S.”
Smith v. Crowl (E.D. Cal. 2023).
· cites it 2× “) This section applies in the event of a breach or violation of a representation or stipulation 23 included in contract under 41 U.S.C. § 6502 . See 41 U.S.C. § 6503 (a).”
Barlow-Johnson v. Tinsley (C.D. Ill. 2023).
· cites it 2× “As Defendant correctly asserts, 41 U.S.C. § 6502 applies to “contracts made by an agency of the United States for the manufacture or furnishing of materials, supplies, articles, or equipment, in an amount exceeding $10,000[.”
Singleton v. Scisscrtail Auto Sales/Thunder Auto Fin. LLC (N.D. Okla. 2024).
· cites it 2× “§ 6503 , which provides terms for a breach or violation of contracts under 41 U.S.C. § 6502 . Section 6502 governs the requisite contract terms and defines contracts as those “made by an agency of the United States for the manufacture or furnishing of materials, supplies,…”
Abreu v. Howard Univ. (D.D.C. 2021).
“§ 6503 , which relates to contracts made for the “manufacture or furnishing of materials, supplies, articles, or equipment,” 41 U.S.C. § 6502 . However, Plaintiff has explained that this was an erroneous citation.”
Allen v. FMR LLC (D. Ariz. 2023).
“) However, this statute 27 pertains to situations where a party breaches a contract it made with the United States under 28 41 U.S.C. § 6502 , “for the manufacture or furnishing of materials, supplies, articles, or 1 equipment, in an mount exceeding $10,000 .”
(PS) Davis v. El Hogar Mental Health & Comm Servs. (E.D. Cal. 2023).
“]” 41 U.S.C. § 6502 . Because 18 plaintiff’s dispute is between himself and his employer, and does not involve any government 19 contracts, let alone contracts for manufacture or furnishing of material or supplies, the claim must 20 be dismissed.”
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