124 STAT. 3812 PUBLIC LAW 111–350—JAN. 4, 2011 exempted under section 6702(b) of this title, whether nego- tiated or advertised, the principal purpose of which is to furnish services in the United States; (B) includes an individual without regard to any contrac- tual relationship alleged to exist between the individual and a contractor or subcontractor; but (C) does not include an individual employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in part 541 of title 29, Code of Federal Regulations. (4) UNITED STATES.—The term ‘‘United States’’— (A) includes any State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, the outer Continental Shelf as defined in the Outer Continental Shelf Lands Act (43 U.S.C. § 1331 et seq.), American Samoa, Guam, Wake Island, and Johnston Island; but (B) does not include any other territory under the juris- diction of the United States or any United States base or possession within a foreign country. § 6702. Contracts to which this chapter applies (a) IN GENERAL.—Except as provided in subsection (b), this chapter applies to any contract or bid specification for a contract, whether negotiated or advertised, that— (1) is made by the Federal Government or the District of Columbia; (2) involves an amount exceeding $2,500; and (3) has as its principal purpose the furnishing of services in the United States through the use of service employees. (b) EXEMPTIONS.—This chapter does not apply to— (1) a contract of the Federal Government or the District of Columbia for the construction, alteration, or repair, including painting and decorating, of public buildings or public works; (2) any work required to be done in accordance with chapter 65 of this title; (3) a contract for the carriage of freight or personnel by vessel, airplane, bus, truck, express, railway line or oil or gas pipeline where published tariff rates are in effect; (4) a contract for the furnishing of services by radio, tele- phone, telegraph, or cable companies, subject to the Commu- nications Act of 1934 (47 U.S.C. 151 et seq.); (5) a contract for public utility services, including electric light and power, water, steam, and gas; (6) an employment contract providing for direct services to a Federal agency by an individual; and (7) a contract with the United States Postal Service, the principal purpose of which is the operation of postal contract stations. § 6703. Required contract terms A contract, and bid specification for a contract, to which this chapter applies under section 6702 of this title shall contain the following terms: (1) MINIMUM WAGE.—The contract and bid specification shall contain a provision specifying the minimum wage to be paid to each class of service employee engaged in the performance
