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41 U.S.C. § 4501 — Authority of executive agency
Federal law — U.S. Code and appendices · legal_authorities
An executive agency may—
(1) make advance, partial, progress or other payments under contracts for property or services made by the agency; and
(2) insert in solicitations for procurement of property or services a provision limiting to small business concerns advance or progress payments.
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 4501
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Stable record: federal_law:legal_authorities:record_usc_0349131d861b3716fb56e877
Source file: Laws/federal/codes/united-states-code/title-41/section-4501-authority-of-executive-agency--2e2e92493c.md
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Passage SHA-256: 15093badbb31adc78a82e2840b90e6ad55fa44aba96b88134169a3a65aeb3e25
Source location: Title 41, Chapter 45, § 4501; chapter-045-chapter-45.md
Stored source content
An executive agency may—
(1) make advance, partial, progress or other payments under contracts for property or services made by the agency; and
(2) insert in solicitations for procurement of property or services a provision limiting to small business concerns advance or progress payments.
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Federal law — U.S. Code and appendices · legal_authorities
The Attorney General may appoint officials—
(1) to detect and prosecute crimes against the United States;
(2) to assist in the protection of the person of the President; and 11 So in original. The word “and” probably should not appear.
(3) to assist in the protection of the person of the Attorney General.22 So in original. The period probably should be “; and”.
(4) to conduct such other investigations regarding official matters under the control of the Department of Justice and the Department of State as may be directed by the Attorney General.
This section does not limit the authority of departments and agencies to investigate crimes against the United States when investigative jurisdiction has been assigned by law to such departments and agencies.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 533
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Basis for Payment.—** When practicable, payments under [section 4501 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4501&num=0&edition=prelim) shall be made on any of the following bases:
(1) Performance measured by objective, quantifiable methods such as delivery of acceptable items, work measurement, or statistical process controls.
(2) Accomplishment of events defined in the program management plan.
(3) Other quantifiable measures of results.
**(b) Payment Amount.—** Payments made under [section 4501 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4501&num=0&edition=prelim) may not exceed the unpaid contract price.
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 4502
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Federal law — U.S. Code and appendices · legal_authorities
Advance payments under [section 4501 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4501&num=0&edition=prelim) may be made only on adequate security and a determination by the agency head that to do so would be in the public interest. The security may be in the form of a lien in favor of the Federal Government on the property contracted for, on the balance in an account in which the payments are deposited, and on such of the property acquired for performance of the contract as the parties may agree. This lien shall be paramount to all other liens and is effective immediately upon the first advancement of funds without filing, notice, or any other action by the Federal Government.
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 4503
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Terms and Conditions for Payments.—** Payments under [section 4501 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4501&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4501&num=0&edition=prelim) 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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 4505
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Federal law — U.S. Code and appendices · legal_authorities
Page 136
TITLE 41—PUBLIC CONTRACTS
§ 4501
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
4310(a) ........
41:256(k)(6).
June 30, 1949, ch. 288, title
III, § 306(k), 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. 3313.
4310(b) ........
41:256(k)(1).
4310(c) ........
41:256(k)(2).
4310(d) ........
41:256(k)(3).
4310(e) ........
41:256(k)(4).
4310(f) ........
41:256(k)(5).
Editorial Notes
AMENDMENTS
2016—Pub. L. 114–261, § 1(b)(2)(A)(i), (ii), inserted
‘‘, subcontractor, or personal services contractor’’ after
‘‘contractor’’ and ‘‘, subcontract, or personal services
contract’’ after ‘‘contract’’ wherever appearing.
Subsec. (b)(1). Pub. L. 114–261, § 1(b)(2)(A)(iii), inserted
‘‘or to any other activity described in section 4712(a)(1)
of this title’’ after ‘‘statute or regulation’’.
2013—Subsec. (b). Pub. L. 112–239, § 828(d)(1), sub-
stituted ‘‘commenced by the Federal Government, by a
State, or by a contractor or grantee employee submit-
ting a complaint under section 4712 of this title’’ for
‘‘commenced by the Federal Government or a State’’.
Subsec. (c)(3). Pub. L. 112–239, § 828(d)(2), substituted
‘‘the imposition of a monetary penalty or an order to
take corrective action under section 4712 of this title’’
for ‘‘the imposition of a monetary penalty’’.
CHAPTER 45—CONTRACT FINANCING
Sec.
4501.
Authority of executive agency.
4502.
Payment.
4503.
Security for advance payments.
4504.
Conditions for progress payments.
4505.
Payments for commercial products and com-
mercial services.
4506.
Action in case of fraud.
Editorial Notes
AMENDMENTS
2018—Pub.
L.
115–232,
div.
A,
title
VIII,
§ 836(b)(18)(B)(i
Source: Supplied 2024 U.S. Code historical extraction · 41 U.S.C. § 4501
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.