41-U.S.C.-6503
§6503 – Breach Or Violation of Required Contract Terms
Pathway
Title 41 > Subtitle II > Chapter 65 > Section 6503
Details
- Reference: Section 6503
- Legend: §6503 – Breach Or Violation of Required Contract Terms
- USCode Year: 2013
Provision Content
(a) Applicable Breach or Violation.—This section applies in case of breach or violation of a representation or stipulation included in a contract under section 6502 of this title.
(b) Liquidated Damages.—In addition to damages for any other breach of the contract, the party responsible for a breach or violation described in subsection (a) is liable to the Federal Government for the following liquidated damages:
(1) An amount equal to the sum of $10 per day for each individual under 16 years of age and each incarcerated individual knowingly employed in the performance of the contract.
(2) An amount equal to the sum of each underpayment of wages due an employee engaged in the performance of the contract, including any underpayments arising from deductions, rebates, or refunds.
(c) Cancellation and Alternative Completion.—In addition to the Federal Government being entitled to damages described in subsection (b), the agency of the United States that made the contract may cancel the contract and make open-market purchases or make other contracts for the completion of the original contract, charging any additional cost to the original contractor.
(d) Recovery of Amounts Due.—An amount due the Federal Government because of a breach or violation described in subsection (a) may be withheld from any amounts owed the contractor under any contract under section 6502 of this title or may be recovered in a suit brought by the Attorney General.
(e) Employee Reimbursement for Underpayment of Wages.—An amount withheld or recovered under subsection (d) that is based on an underpayment of wages as described in subsection (b)(2) shall be held in a special deposit account. On order of the Secretary, the amount shall be paid directly to the underpaid employee on whose account the amount was withheld or recovered. However, an employees claim for payment under this subsection may be entertained only if made within one year from the date of actual notice to the contractor of the withholding or recovery.
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3808.)
| Revised Section |
Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6503 | 41:36. | June 30, 1936, ch. 881, §2, 49 Stat. 2037. |
In subsection (b)(1), the words individual under 16 years of age are substituted for male person under sixteen years of age or each female person under eighteen years of age to reflect the interpretation of this provision subsequent to enactment of civil rights laws such as section 703 of the Civil Rights Act of 1964 (42:2000e–2), as carried out by the Department of Labor through 41 C.F.R. Part 50–201.104. The words incarcerated individual are substituted for convict laborer because of the exception to convict labor that satisfies the conditions of 18:1761(c). Section 1761 does not apply to non-incarcerated convicts.
Subsection (b)(2) is substituted for a sum equal to the amount of any deductions, rebates, refunds, or underpayment of wages due to any employee engaged in the performance of such contract for consistency in the chapter.
In subsection (c), the words made the contract and make other contracts are substituted for entering into such contract and enter into other contracts, respectively, for consistency in the revised title.
In subsection (d), the words suit brought by the Attorney General are substituted for suits brought in the name of the United States of America by the Attorney General thereof to eliminate unnecessary words.
U.S. Encyclopedia of Law Coverage
41-U.S.C.-6302 in the Legal Encyclopedia: Public Contracts
In this entry about 41-U.S.C.-6302, find legal reference material, bibliographies and premiere content related to public contracts in the American Encyclopedia of Law, presenting a comprehensive view of the United States public contracts-specific issues, written by authorities in the field.
41-U.S.C.-6301 in the Legal Encyclopedia: Contracts
In this entry about 41-U.S.C.-6301, find legal reference material, bibliographies and premiere content related to contracts in the American Encyclopedia of Law, presenting a comprehensive view of the United States contracts-specific issues, written by authorities in the field.
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