Authority to make exceptions

  1. Law
  2. USC 41
  3. Public Contracts
  4. Other Advertising and Contract Provisions
  5. CONTRACTS FOR MATERIALS, SUPPLIES, ARTICLES, AND EQUIPMENT EXCEEDING $10,000
  6. Authority to make exceptions

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§6508. Authority to make exceptions

(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.

( Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3810 .)

Historical and Revision Notes
Revised

Section

Source (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.


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