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41 U.S.C. 351 Required contract provisions; minimum wages
- (a) Every contract (and any bid specification therefor) entered into
by the United States or the District of Columbia in excess of $ 2,500, except
as provided in section 7 of this Act, whether negotiated or advertised, the
principal purpose of which is to furnish services in the United States through
the use of service employees, shall contain the following:
- (1) A provision specifying the minimum monetary wages to be paid the
various classes of service employees in the performance of the contract or any
subcontract thereunder, as determined by the Secretary, or his authorized
representative, in accordance with prevailing rates for such employees in the
locality, or, where a collective-bargaining agreement covers any such service
employees, in accordance with the rates for such employees provided for in such
agreement, including prospective wage increases provided for in such agreement
as a result of arm's-length negotiations. In no case shall such wages be lower
than the minimum specified in subsection (b).
- (2) A provision specifying the fringe benefits to be furnished the
various classes of service employees, engaged in the performance of the
contract or any subcontract thereunder, as determined by the Secretary or his
authorized representative to be prevailing for such employees in the locality,
or, where a collective-bargaining agreement covers any such service employees,
to be provided for in such agreement, including prospective fringe benefit
increases provided for in such agreement as a result of arm's-length
negotiations. Such fringe benefits shall include medical or hospital care,
pensions on retirement or death, compensation for injuries or illness resulting
from occupational activity, or insurance to provide any of the foregoing,
unemployment benefits, life insurance, disability and sickness insurance,
accident insurance, vacation and holiday pay, costs of apprenticeship or other
similar programs and other bona fide fringe benefits not otherwise required by
Federal, State, or local law to be provided by the contractor or subcontractor.
The obligation under this subparagraph may be discharged by furnishing any
equivalent combinations of fringe benefits or by making equivalent or
differential payments in cash under rules and regulations established by the
Secretary.
- (3) A provision that no part of the services covered by this Act
will be performed in buildings or surroundings or under working conditions,
provided by or under the control or supervision of the contractor or any
subcontractor, which are unsanitary or hazardous or dangerous to the health or
safety of service employees engaged to furnish the services.
- (4) A provision that on the date a service employee commences work
on a contract to which this Act applies, the contractor or subcontractor will
deliver to the employee a notice of the compensation required under paragraphs
(1) and (2) of this subsection, on a form prepared by the Federal agency, or
will post a notice of the required compensation in a prominent place at the
worksite.
- (5) A statement of the rates that would be paid by the Federal
agency to the various classes of service employees if section 5341 or section
5332 of title 5, United States Code, were applicable to them The Secretary
shall give due consideration to such rates in making the wage and fringe
benefit determinations specified in this section.
- (b)(1) No contractor who enters into any contract with the Federal
Government the principal purpose of which is to furnish services through the
use of service employees and no subcontractor thereunder shall pay any of his
employees engaged in performing work on such contracts less than the minimum
wage specified under section 6(a)(1) of the Fair Labor Standards Act of 1938,
as amended (52 Stat. 1060; 29 U.S.C. 201, et seq.).
- (2) The provisions of sections 3, 4, and 5 of this Act shall be
applicable to violations of this subsection.
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