41 U.S.C. § 351 : US Code - Section 351: Required contract provisions; minimum wages

Search 41 U.S.C. § 351 : US Code - Section 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 356 of this title, 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) of this section.
(2) A provision specifying the fringe benefits to be furnished
in 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 benefits 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
chapter 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 chapter 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 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 206(a)(1) of title 29.
(2) The provisions of sections 352 to 354 of this title shall be
applicable to violations of this subsection.