(a) The Act and the provisions of this part apply to contract
services furnished ``in the United States,'' including any State of the
United States, the District of Columbia, Puerto Rico, the Virgin
Islands, Outer Continental Shelf lands as defined in the Outer
Continental Shelf Lands Act, American Samoa, Guam, the Commonwealth of
the Northern Mariana Islands, Wake Island, and Johnston Island. The
definition expressly excludes any other territory under the jurisdiction
of the United States and any United States base or possession within a
foreign country. Services to be performed exclusively on a vessel
operating in international waters outside the geographic
areas named in this paragraph would not be services furnished ``in the
United States'' within the meaning of the Act.
(b) A service contract to be performed in its entirety outside the
geographical limits of the United States as thus defined is not covered
and is not subject to the labor standards of the Act. However, if a
service contract is to be performed in part within and in part outside
these geographic limits, the stipulations required by Sec. 4.6 or
Sec. 4.7, as appropriate, must be included in the invitation for bids or
negotiation documents and in the contract, and the labor standards must
be observed with respect to that part of the contract services that is
performed within these geographic limits. In such a case the
requirements of the Act and of the contract clauses will not be
applicable to the services furnished outside the United States.
[61 FR 68664, Dec. 30, 1996]
