41 U.S.C. § 6702

Contracts to which this chapter applies

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(a)In General.—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)Exemptions.—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.(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3812.)

Historical and Revision Notes

Revised

Section

Source (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 sections 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 NotesReferences 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.

Notes of Decisions
Cited in 17 cases (9 in the last 5 years), 2012–2024 · leading case: United States v. Roger Pace, 48 F.4th 741 (7th Cir. 2022).
United States v. Roger Pace, 48 F.4th 741 (7th Cir. 2022). · cites it 5× “41 U.S.C. § 6702 (b) (emphasis added). Had Congress used “or” instead of “and,” this distributive list would mean No.”
Indep. Training & Apprenticeship Prog. v. California Dep't of Indus. Relations, 730 F.3d 1024 (9th Cir. 2013). · cites it 2× “See 41 U.S.C. § 6702 (a). 24 INDEP. TRAINING V.”
Ocean Ships, Inc. v. United States, 115 Fed. Cl. 577 (Fed. Cl. 2014). · cites it 2× “REP provisions related to the Service Contract Act The McNamara-O’Hara Service Contract Act of 1965 (“SCA”), 41 U.S.C. § 6702 et seq. (2012), was enacted to provide wage and other protections to service employees working under U.”
Innovative Mgmt. Concepts, Inc. v. United States, 119 Fed. Cl. 240 (Fed. Cl. 2014). · cites it 2× “§ 2304c (Armed Services); Jurisdiction; Service Contract Act, 41 U.S.C. § 6702 (Contracts To Which Service Contract Act Applies) MEMORANDUM OPINION AND FINAL ORDER BRADEN, Judge.”
United States Ex Rel. Green v. Serv. Contract Educ. & Training Trust Fund, 843 F. Supp. 2d 20 (D.D.C. 2012). “In 2011, the SCA was recodified at 41 U.S.C.A. § 6702 et seq., and the relevant provisions were subject to stylistic revision.”
Menocal v. Geo Grp., Inc., 113 F. Supp. 3d 1125 (D. Colo. 2015). “Whether Plaintiffs’ Claims Are Preempted by the Service Contract Act In its reply brief, Defendant argues that the McNamara-O’Hara Service Contract Act (“SCA”), 41 U.S.C. § 6702 et seq., preempts the application of the Colorado Minimum Wage Order.”
Serv. Employees Int'l Union Nat'l Indus. Pension Fund v. Sci. & Com. Sys. Corp., 208 F. Supp. 3d 200 (D.D.C. 2016). “See 41 U.S.C. § 6702 (a). Defendant goes on to identify special rules that the Pension Benefit Guaranty Corporation approved following a request by another pension fund that enlists SCA employers—the I.”
BCFS Health & Human Servs. v. United States Dep't of Labor (W.D. Tex. 2022). · cites it 3× “41 U.S.C. § 6702 (a) (altering structure into one paragraph).”
Sparksoft Corp. v. United States (Fed. Cl. 2019). · cites it 2× “222-46 applicable to those who perform professional services are designed to “mirror[] those afforded to other workers under the McNamara-O’Hara Service Contract Act (SCA),[ 41 U.S.C. § 6702 (a)],” CRAssociates, 95 Fed.”
Ne. Illinois Reg'l Commuter R.R. Corp. d/b/a METRA v. Int'l Ass'n of Sheet Metal, Air, Rail & Transp. Workers - Transp. Div. (N.D. Ill. 2022). · cites it 2× “" 41 U.S.C. § 6702 (a). On November 1, 2021, Metra's Chief Executive Officer Jim Derwinski issued a letter to all Metra employees announcing a coronavirus vaccination mandate for the Metra workforce.”
Centerra Grp., LLC f/k/a The Wackenhut Servs., Inc. (A.S.B.C.A. 2018). “41 U.S.C. § 6702 (a) (defining contracts subject to the SCA).”
Agma Sec. Serv., Inc. v. United States (Fed. Cl. 2022). “’s Reply at 12; see also 41 U.S.C. §§ 6702–03; 29 C.F.R. §§ 4.170 , 4.”
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