dreamproit/uscode huggingface dataset:
41 U.S.C. § 3505 (PUBLIC CONTRACTS)
§ 3505. Submission of other information
(a) Authority To Require Submission.—
When certified cost or pricing data are not required to be submitted under this chapter for a contract, subcontract, or modification of a contract or subcontract, the contracting officer shall require submission of data other than certified cost or pricing data to the extent necessary to determine the reasonableness of the price of the contract, subcontract, or modification of the contract or subcontract. Except in the case of a contract or subcontract covered by the exceptions in section 3503(a)(1) of this title, the contracting officer shall require that the data submitted include, at a minimum, appropriate information on the prices at which the same item or similar items have previously been sold that is adequate for evaluating the reasonableness of the price for the procurement.
(b) Limitations on Authority.—
The Federal Acquisition Regulation shall include the following provisions regarding the types of information that contracting officers may require under subsection (a):
(1) Reasonable limitations.—
Reasonable limitations on requests for sales data relating to commercial products or commercial services.
(2) Limitation on scope of request.—
A requirement that a contracting officer limit, to the maximum extent practicable, the scope of any request for information relating to commercial products or commercial services from an offeror to only that information that is in the form regularly maintained by the offeror in commercial operations.
(3) Information not to be disclosed.—
A statement that any information received relating to commercial products or commercial services that is exempt from disclosure under section 552(b) of title 5 shall not be disclosed by the Federal Government.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3767; Pub. L. 115–232, div. A, title VIII, § 836(b)(13), Aug. 13, 2018, 132 Stat. 1863.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
3505
41:254b(d).
June 30, 1949, ch. 288, title III, § 304A(d), as added Pub. L. 103–355, title I, § 1251(a)(2), Oct. 13, 1994, 108 Stat. 3281; Pub. L. 104–106, title XLII, §§ 4201(b)(1), 4321(e)(4), Feb. 10, 1996, 110 Stat. 652, 675; Pub. L. 105–261, div. A, title VIII, § 808(b), Oct. 17, 1998, 112 Stat. 2085.
heading: Amendments
text: 2018—Subsec. (b). Pub. L. 115–232 substituted “commercial products or commercial services” for “commercial items” wherever appearing.
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Pub. L. 115–232, set out as an Effective Date of 2018 Amendment; Savings Provision note under section 453b of Title 6, Domestic Security.
41 U.S.C. § 3509 (PUBLIC CONTRACTS)
§ 3509. Notification of violations of Federal criminal law or overpayments
(a) Definition.—
In this section, the term “covered contract” means any contract in an amount greater than $5,000,000 and more than 120 days in duration.
(b) Federal Acquisition Regulation.—
The Federal Acquisition Regulation shall include, pursuant to FAR Case 2007–006 (as published at 72 Fed. Reg. 64019, November 14, 2007) or any follow-on FAR case, provisions that require timely notification by Federal contractors of violations of Federal criminal law or overpayments in connection with the award or performance of covered contracts or subcontracts, including those performed outside the United States and those for commercial products or commercial services.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3770; Pub. L. 115–232, div. A, title VIII, § 836(b)(14), Aug. 13, 2018, 132 Stat. 1864.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
3509
41:251 note.
Pub. L. 110–252, title VI, §§ 6102, 6103, June 30, 2008, 122 Stat. 2386, 2387.
In subsection (b), the words “shall include” are substituted for “shall be amended” and “to include” to reflect the permanence of the provision. The words “within 180 days after the date of the enactment of this Act” are omitted as obsolete.
heading: Amendments
text: 2018—Subsec. (b). Pub. L. 115–232 substituted “commercial products or commercial services” for “commercial items”.
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Pub. L. 115–232, set out as an Effective Date of 2018 Amendment; Savings Provision note under section 453b of Title 6, Domestic Security.
41 U.S.C. § 3901 (PUBLIC CONTRACTS)
§ 3901. Contracts awarded using procedures other than sealed-bid procedures
(a) Authorized Types.—
Except as provided in section 3905 of this title, contracts awarded after using procedures other than sealed-bid procedures may be of any type which in the opinion of the agency head will promote the best interests of the Federal Government.
(b) Required Warranty.—
(1) Content.—
Every contract awarded after using procedures other than sealed-bid procedures shall contain a suitable warranty, as determined by the agency head, by the contractor that no person or selling agency has been employed or retained to solicit or secure the contract on an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except for bona fide employees or bona fide established commercial or selling agencies the contractor maintains to secure business.
(2) Remedy for breach or violation.—
For the breach or violation of the warranty, the Federal Government may annul the contract without liability or deduct from the contract price or consideration the full amount of the commission, percentage, brokerage, or contingent fee.
(3) Nonapplication.—
Paragraph (1) does not apply to a contract for an amount that is not greater than the simplified acquisition threshold or to a contract for the acquisition of commercial products or commercial services.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3774; Pub. L. 115–232, div. A, title VIII, § 836(b)(16), Aug. 13, 2018, 132 Stat. 1864.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
3901
41:254(a).
June 30, 1949, ch. 288, title III, § 304(a), 63 Stat. 395; Pub. L. 98–369, div. B, title VII, § 2714(a)(3)(A), (B), July 18, 1984, 98 Stat. 1184; Pub. L. 103–355, title IV, § 4103(c), title VIII, § 8204(b), Oct. 13, 1994, 108 Stat. 3341, 3396.
In subsection (b)(2), the words “in its discretion” are omitted as unnecessary.
heading: Amendments
text: 2018—Subsec. (b)(3). Pub. L. 115–232 substituted “commercial products or commercial services” for “commercial items”.
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Pub. L. 115–232, set out as an Effective Date of 2018 Amendment; Savings Provision note under section 453b of Title 6, Domestic Security.
41 U.S.C. § 4301 (PUBLIC CONTRACTS)
§ 4301. Definitions
In this chapter:
(1) Compensation.—
The term “compensation”, for a fiscal year, means the total amount of wages, salary, bonuses, and deferred compensation for the fiscal year, whether paid, earned, or otherwise accruing, as recorded in an employer’s cost accounting records for the fiscal year.
(2) Covered contract.—
The term “covered contract” means a contract for an amount in excess of $500,000 that is entered into by an executive agency, except that the term does not include a fixed-price contract without cost incentives or any firm fixed-price contract for the purchase of commercial products or commercial services.
(3) Fiscal year.—
The term “fiscal year” means a fiscal year established by a contractor for accounting purposes.
(4) Senior executive.—
The term “senior executive”, with respect to a contractor, means the 5 most highly compensated employees in management positions at each home office and each segment of the contractor.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3784; Pub. L. 115–232, div. A, title VIII, § 836(b)(17), Aug. 13, 2018, 132 Stat. 1864.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
4301(1)
41:256(m)(1).
June 30, 1949, ch. 288, title III, § 306(m), as added Pub. L. 105–85, title VIII, § 808(b)(2), Nov. 18, 1997, 111 Stat. 1836; Pub. L. 105–261, title VIII, § 804(b), Oct. 17, 1998, 112 Stat. 2083.
4301(2)
41:256(l)(1).
June 30, 1949, ch. 288, title III, § 306(l)(1), as added Pub. L. 100–700, § 8(a)(1), Nov. 19, 1988, 102 Stat. 4634; Pub. L. 103–355, title II, § 2151, Oct. 13, 1994, 108 Stat. 3315.
4301(3)
41:256(m)(3).
4301(4)
41:256(m)(2).
heading: Amendments
text: 2018—Par. (2). Pub. L. 115–232 substituted “commercial products or commercial services” for “commercial items”.
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Pub. L. 115–232, set out as an Effective Date of 2018 Amendment; Savings Provision note under section 453b of Title 6, Domestic Security.
41 U.S.C. § 4505 (PUBLIC CONTRACTS)
§ 4505. Payments for commercial products and commercial services
(a) Terms and Conditions for Payments.—
Payments under section 4501 of this title for commercial products or commercial services may be made under terms and conditions that the head of the executive agency determines are appropriate or customary in the commercial marketplace and are in the best interests of the Federal Government.
(b) Security for Payments.—
The head of the executive agency shall obtain adequate security for the payments. If the security is in the form of a lien in favor of the Federal Government, the lien is paramount to all other liens and is effective immediately on the first payment, without filing, notice, or other action by the Federal Government.
(c) Limitation on Advance Payments.—
Advance payments made under section 4501 of this title for commercial products or commercial services may include payments, in a total amount not more than 15 percent of the contract price, in advance of any performance of work under the contract.
(d) Nonapplication of Certain Conditions.—
The conditions of sections 4503 and 4504 of this title need not be applied if they would be inconsistent, as determined by the head of the executive agency, with commercial terms and conditions pursuant to this section.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3791; Pub. L. 115–232, div. A, title VIII, § 836(b)(18)(A), (B)(i), Aug. 13, 2018, 132 Stat. 1864.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
4505
41:255(f).
June 30, 1949, ch. 288, title III, § 305(f), as added Pub. L. 103–355, title II, § 2051(e), Oct. 13, 1994, 108 Stat. 3304, as amended Pub. L. 104–106, title XLIII, § 4321(a)(4), Feb. 10, 1996, 110 Stat. 671.
heading: Amendments
text: 2018—Pub. L. 115–232, § 836(b)(18)(B)(i), substituted “Payments for commercial products and commercial services” for “Payments for commercial items” in section catchline.
Subsecs. (a), (c). Pub. L. 115–232, § 836(b)(18)(A), substituted “commercial products or commercial services” for “commercial items”.
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Pub. L. 115–232, set out as an Effective Date of 2018 Amendment; Savings Provision note under section 453b of Title 6, Domestic Security.
41 U.S.C. § 4704 (PUBLIC CONTRACTS)
§ 4704. Prohibition of contractors limiting subcontractor sales directly to Federal Government
(a) Contract Restrictions.—
Each contract for the purchase of property or services made by an executive agency shall provide that the contractor will not—
(1) enter into an agreement with a subcontractor under the contract that has the effect of unreasonably restricting sales by the subcontractor directly to the Federal Government of any item or process (including computer software) made or furnished by the subcontractor under the contract (or any follow-on production contract); or
(2) otherwise act to restrict unreasonably the ability of a subcontractor to make sales described in paragraph (1) to the Federal Government.
(b) Rights Under Law Preserved.—
This section does not prohibit a contractor from asserting rights it otherwise has under law.
(c) Inapplicability to Certain Contracts.—
This section does not apply to a contract for an amount that is not greater than the simplified acquisition threshold.
(d) Inapplicability When Government Treated Similarly to Other Purchasers.—
An agreement between the contractor in a contract for the acquisition of commercial products or commercial services and a subcontractor under the contract that restricts sales by the subcontractor directly to persons other than the contractor may not be considered to unreasonably restrict sales by that subcontractor to the Federal Government in violation of the provision included in the contract pursuant to subsection (a) if the agreement does not result in the Federal Government being treated differently with regard to the restriction than any other prospective purchaser of the commercial products or commercial services from that subcontractor.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3795; Pub. L. 115–232, div. A, title VIII, § 836(b)(19), Aug. 13, 2018, 132 Stat. 1864.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
4704(a)
41:253g(a).
June 30, 1949, ch. 288, title III, § 303G(a), (b), formerly § 303H, as added Pub. L. 98–577, title II, § 206(a), Oct. 30, 1984, 98 Stat. 3073; renumbered § 303G, Pub. L. 99–145, title XIII, § 1304(c)(4)(A), Nov. 8, 1985, 99 Stat. 742.
4704(b)
41:253g(b).
4704(c)
41:253g(c).
June 30, 1949, ch. 288, title III, § 303G(c), as added Pub. L. 103–355, title IV, § 4103(b), Oct. 13, 1994, 108 Stat. 3341.
4704(d)
41:253g(d).
June 30, 1949, ch. 288, title III, § 303G(d), as added Pub. L. 103–355, title VIII, § 8204(a), Oct. 13, 1994, 108 Stat. 3396.
heading: Amendments
text: 2018—Subsec. (d). Pub. L. 115–232 substituted “commercial products or commercial services” for “commercial items” in two places.
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Pub. L. 115–232, set out as an Effective Date of 2018 Amendment; Savings Provision note under section 453b of Title 6, Domestic Security.
41 U.S.C. § 8703 (PUBLIC CONTRACTS)
§ 8703. Contractor responsibilities
(a) Requirements Included in Contracts.—
Each contracting agency shall include in each prime contract awarded by the agency a requirement that the prime contractor shall—
(1) have in place and follow reasonable procedures designed to prevent and detect violations of section 8702 of this title in its own operations and direct business relationships; and
(2) cooperate fully with a Federal Government agency investigating a violation of section 8702 of this title.
(b) Full Cooperation Required.—
Notwithstanding subsection (d), a prime contractor shall cooperate fully with a Federal Government agency investigating a violation of section 8702 of this title.
(c) Reporting Requirement.—
(1) In general.—
A prime contractor or subcontractor that has reasonable grounds to believe that a violation of section 8702 of this title may have occurred shall promptly report the possible violation in writing to the inspector general of the contracting agency, the head of the contracting agency if the agency does not have an inspector general, or the Attorney General.
(2) Supplying information as favorable evidence.—
In an administrative or contractual action to suspend or debar a person who is eligible to enter into contracts with the Federal Government, evidence that the person has supplied information to the Federal Government pursuant to paragraph (1) is favorable evidence of the person’s responsibility for the purposes of Federal procurement laws and regulations.
(d) Inapplicability to Certain Prime Contracts.—
Subsection (a) does not apply to a prime contract—
(1) that is not greater than $100,000; or
(2) for the acquisition of commercial products or commercial services (as defined in sections 103 and 103a, respectively, of this title).
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3839; Pub. L. 115–232, div. A, title VIII, § 836(b)(20), Aug. 13, 2018, 132 Stat. 1864.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
8703(a)
41:57(a), (b).
Mar. 8, 1946, ch. 80, § 7, 60 Stat. 37; Pub. L. 86–695, Sept. 2, 1960, 74 Stat. 740; Pub. L. 99–634, § 2(a), Nov. 7, 1986, 100 Stat. 3525; Pub. L. 103–355, title IV, § 4104(a), title VIII, § 8301(c)(1), Oct. 13, 1994, 108 Stat. 3341, 3397; Pub. L. 104–106, div. D, title XLIII, § 4321(g), Feb. 10, 1996, 110 Stat. 675.
8703(b)
41:57(e).
8703(c)
41:57(c).
8703(d)
41:57(d).
In subsection (c)(1), the words “Attorney General” are substituted for “Department of Justice” because of 28:503.
heading: Amendments
text: 2018—Subsec. (d)(2). Pub. L. 115–232 substituted “commercial products or commercial services (as defined in sections 103 and 103a, respectively, of this title)” for “commercial items (as defined in section 103 of this title)”.
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Pub. L. 115–232, set out as an Effective Date of 2018 Amendment; Savings Provision note under section 453b of Title 6, Domestic Security.
41 U.S.C. § 8704 (PUBLIC CONTRACTS)
§ 8704. Inspection authority
(a) In General.—
To ascertain whether there has been a violation of section 8702 of this title with respect to a prime contract, the Comptroller General and the inspector general of the contracting agency, or a representative of the contracting agency designated by the head of the agency if the agency does not have an inspector general, shall have access to and may inspect the facilities and audit the books and records, including electronic data or records, of a prime contractor or subcontractor under a prime contract awarded by the agency.
(b) Exception.—
This section does not apply to a prime contract for the acquisition of commercial products or commercial services (as defined in sections 103 and 103a, respectively, of this title).
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3839; Pub. L. 115–232, div. A, title VIII, § 836(b)(20), Aug. 13, 2018, 132 Stat. 1864.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
8704
41:58.
Mar. 8, 1946, ch. 80, § 8, 60 Stat. 37; Pub. L. 86–695, Sept. 2, 1960, 74 Stat. 740; Pub. L. 99–634, § 2(a), Nov. 7, 1986, 100 Stat. 3525; Pub. L. 103–355, title VIII, § 8301(c)(2), Oct. 13, 1994, 108 Stat. 3397.
In subsection (a), the words “Comptroller General” are substituted for “General Accounting Office” because of 31:702.
heading: Amendments
text: 2018—Subsec. (b). Pub. L. 115–232 substituted “commercial products or commercial services (as defined in sections 103 and 103a, respectively, of this title)” for “commercial items (as defined in section 103 of this title)”.
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Pub. L. 115–232, set out as an Effective Date of 2018 Amendment; Savings Provision note under section 453b of Title 6, Domestic Security.
42 U.S.C. § 300x–26a (THE PUBLIC HEALTH AND WELFARE)
§ 300x–26a. Pub. L. 116–94, div. N, title I, § 604(c), Dec. 20, 2019, 133 Stat. 3127
text: Section, Pub. L. 111–117, div. D, title II, § 212, Dec. 16, 2009, 123 Stat. 3257, related to withholding of substance abuse funding under section 300x–26 of this title.
42 U.S.C. § 300hh–32 (THE PUBLIC HEALTH AND WELFARE)
§ 300hh–32. Enhanced support to assist health departments in addressing vector-borne diseases
(a) In general
The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may enter into cooperative agreements with health departments of States, political subdivisions of States, and Indian Tribes and Tribal organizations in areas at high risk of vector-borne diseases in order to increase capacity to identify, report, prevent, and respond to such diseases and related outbreaks.
(b) Eligibility
To be eligible to enter into a cooperative agreement under this section, an entity described in subsection (a) shall prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a plan that describes—
(1) how the applicant proposes to develop or expand programs to address vector-borne disease risks, including through—
(A) related training and workforce development;
(B) programmatic efforts to improve capacity to identify, report, prevent, and respond to such disease and related outbreaks; and
(C) other relevant activities identified by the Director of the Centers for Disease Control and Prevention, as appropriate;
(2) the manner in which the applicant will coordinate with other Federal, Tribal, and State agencies and programs, as applicable, related to vector-borne diseases, as well as other relevant public and private organizations or agencies; and
(3) the manner in which the applicant will evaluate the effectiveness of any program carried out under the cooperative agreement.
(c) Authorization of appropriations
For the purposes of carrying out this section, there are authorized to be appropriated $20,000,000 for each of fiscal years 2021 through 2025.
(July 1, 1944, ch. 373, title XXVIII, § 2822, as added Pub. L. 116–94, div. N, title I, § 404(c), Dec. 20, 2019, 133 Stat. 3118.)
42 U.S.C. § 3545a (THE PUBLIC HEALTH AND WELFARE)
§ 3545a. Notification of issuance of electronic notice of availability of assistance or funding to be competitively awarded for certain programs or discretionary funds
The Secretary of the Department of Housing and Urban Development shall, for fiscal year 2014 and subsequent fiscal years, notify the public through the Federal Register and other means, as determined appropriate, of the issuance of a notice of the availability of assistance or notice of funding availability (NOFA) for any program or discretionary fund administered by the Secretary that is to be competitively awarded. Notwithstanding any other provision of law, for fiscal year 2014 and subsequent fiscal years, the Secretary may make the NOFA available only on the Internet at the appropriate Government Web site or through other electronic media, as determined by the Secretary.
(Pub. L. 113–76, div. L, title II, § 226, Jan. 17, 2014, 128 Stat. 632.)
heading: Codification
text: Section was enacted as part of the appropriation act cited as the credit to this section, and not as part of the Department of Housing and Urban Development Act which comprises this chapter.
heading: Similar Provisions
text: Provisions similar to those in this section were contained in the following appropriation acts:
Pub. L. 116–94, div. H, title II, § 216, Dec. 20, 2019, 133 Stat. 3004.
Pub. L. 116–6, div. G, title II, § 218, Feb. 15, 2019, 133 Stat. 460.
Pub. L. 115–141, div. L, title II, § 219, Mar. 23, 2018, 132 Stat. 1033.
Pub. L. 115–31, div. K, title II, § 220, May 5, 2017, 131 Stat. 784.
Pub. L. 114–113, div. L, title II, § 221, Dec. 18, 2015, 129 Stat. 2893.
Pub. L. 113–235, div. K, title II, § 222, Dec. 16, 2014, 128 Stat. 2754.
Pub. L. 112–55, div. C, title II, § 228, Nov. 18, 2011, 125 Stat. 701.
Pub. L. 111–117, div. A, title II, § 228, Dec. 16, 2009, 123 Stat. 3103.
Pub. L. 111–8, div. I, title II, § 233, Mar. 11, 2009, 123 Stat. 979.