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41 U.S.C. § 103a — Commercial service
Federal law — U.S. Code and appendices · legal_authorities
In this subtitle, the term “commercial service” means any of the following:
(1) Installation services, maintenance services, repair services, training services, and other services if—
(A) those services are procured for support of a commercial product, regardless of whether the services are provided by the same source or at the same time as the commercial product; and
(B) the source of the services provides similar services contemporaneously to the general public under terms and conditions similar to those offered to the Federal Government;
(2) Services of a type offered and sold competitively, in substantial quantities, in the commercial marketplace—
(A) based on established catalog or market prices;
(B) for specific tasks performed or specific outcomes to be achieved; and
(C) under standard commercial terms and conditions.
(3) A service described in paragraph (1) or (2), even though the service is transferred between or among separate divisions, subsidiaries, or affiliates of a contractor.
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 103a
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Stable record: federal_law:legal_authorities:record_usc_52edb64608f47057a5bd29fe
Source file: Laws/federal/codes/united-states-code/title-41/section-103a-commercial-service--2ac32331ec.md
Pages: Not recorded – Not recorded
Passage SHA-256: 41815bd491cf256eddfa63c27140d6148eeaf9c63ec3f0a67393e77dda2ead85
Source location: Title 41, Chapter 1, § 103a; chapter-001-chapter-1.md
Stored source content
In this subtitle, the term “commercial service” means any of the following:
(1) Installation services, maintenance services, repair services, training services, and other services if—
(A) those services are procured for support of a commercial product, regardless of whether the services are provided by the same source or at the same time as the commercial product; and
(B) the source of the services provides similar services contemporaneously to the general public under terms and conditions similar to those offered to the Federal Government;
(2) Services of a type offered and sold competitively, in substantial quantities, in the commercial marketplace—
(A) based on established catalog or market prices;
(B) for specific tasks performed or specific outcomes to be achieved; and
(C) under standard commercial terms and conditions.
(3) A service described in paragraph (1) or (2), even though the service is transferred between or among separate divisions, subsidiaries, or affiliates of a contractor.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Federal cause of action**
(1) **In general** — There shall exist a Federal cause of action for claims arising out of, relating to, or resulting from an act of terrorism when qualified anti-terrorism technologies have been deployed in defense against or response or recovery from such act and such claims result or may result in loss to the Seller. The substantive law for decision in any such action shall be derived from the law, including choice of law principles, of the State in which such acts of terrorism occurred, unless such law is inconsistent with or preempted by Federal law. Such Federal cause of action shall be brought only for claims for injuries that are proximately caused by sellers 11 So in original. Probably should be “Sellers”. that provide qualified anti-terrorism technology to Federal and non-Federal government 22 So in original. Probably should be “Government”. customers.
(2) **Jurisdiction** — Such appropriate district court of the United States shall have original and exclusive jurisdiction over all actions for any claim for loss of property, personal injury, or death arising out of, relating to, or resulting from an act of terrorism when qualified anti-terrorism technologies have been deployed in defense against or response or recovery from such act and such claims result or may result in loss to the Seller.
**(b) Special rules** In an action brought under this section for damages the following provisions apply:
(1) **Punitive damages** — No punitive damages intended to punish or deter, exemplary damages, or other damages not intended to compensate a plaintiff for actual losses may be awarded, nor shall any party be liable for interest prior to the judgment.
(2) **Noneconomic damages**
(A) *In general* — Noneconomic damages may be awarde
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 453b
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Cadre.—** The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall establish a cadre of personnel who are experts in intellectual property matters. The purpose of the cadre is to ensure a consistent, strategic, and highly knowledgeable approach to acquiring or licensing intellectual property by providing expert advice, assistance, and resources to the acquisition workforce on intellectual property matters, including acquiring or licensing intellectual property.
**(b) Leadership Structure.—** The Under Secretary—
(1) shall establish an appropriate leadership structure and office within which the cadre shall be managed; and
(2) shall determine the appropriate official to whom members of the cadre shall report.
**(c) Duties.—** The cadre of experts shall be assigned to a program office or an acquisition command within a military department to advise, assist, and provide resources to a program manager or portfolio acquisition executive on intellectual property matters at various stages of the life cycle of a system. In performing such duties, the experts shall—
(1) interpret and provide counsel on laws, regulations, and policies relating to intellectual property;
(2) advise and assist in the development of an acquisition strategy, product support strategy, and intellectual property strategy for a system;
(3) conduct or assist with financial analysis and valuation of intellectual property;
(4) assist in the drafting of a solicitation, contract, or other transaction;
(5) interact with or assist in interactions with contractors, including communications and negotiations with contractors on solicitations and awards; and
(6) conduct or assist with mediation if technical data delivered pursuant to a contract is
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1707
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Procurement authority** Subject to the authority of the Secretary, the Chief Operating Officer of a PBO may exercise the authority of the Secretary to procure property and services in the performance of functions managed by the PBO. For the purposes of this section, the term “PBO” includes the Chief Operating Officer of the PBO and any employee of the PBO exercising procurement authority under the preceding sentence.
**(b) In general** Except as provided in this section, the PBO shall abide by all applicable Federal procurement laws and regulations when procuring property and services. The PBO shall—
(1) enter into contracts to carry out the functions set forth in [section 1018(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1018/b/2&num=0&edition=prelim);
(2) obtain the services of experts and consultants without regard to [section 3109 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3109&num=0&edition=prelim) and set pay in accordance with such section; and
(3) through the Chief Operating Officer—
(A) to the maximum extent practicable, utilize procurement systems that streamline operations, improve internal controls, and enhance management; and
(B) assess the efficiency of such systems and assess such systems’ ability to meet PBO requirements.
**(c) Service contracts**
(1) **Performance-based servicing contracts** — The Chief Operating Officer shall, to the extent practicable, maximize the use of performance-based servicing contracts, consistent with guidelines for such contracts published by the Office of Federal Procurement Policy, to achieve cost savings and improve service.
(2) **Fee for service arrangements** — The Chief Operating Officer shall, when appropr
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1018a
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Federal law — U.S. Code and appendices · legal_authorities
In a contract to acquire a commercial product (as defined in [section 103 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section103&num=0&edition=prelim)) or a commercial service (as defined in [section 103a of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section103a&num=0&edition=prelim)), a certification by a contractor or a contract clause may not be required to implement a prohibition or requirement in this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 40 U.S.C. § 3707
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Provision of intelligence**
(1) The Director of National Intelligence shall be responsible for ensuring that national intelligence is provided—
(A) to the President;
(B) to the heads of departments and agencies of the executive branch;
(C) to the Chairman of the Joint Chiefs of Staff and senior military commanders;
(D) to the Senate and House of Representatives and the committees thereof; and
(E) to such other persons as the Director of National Intelligence determines to be appropriate.
(2) Such national intelligence should be timely, objective, independent of political considerations, and based upon all sources available to the intelligence community and other appropriate entities.
**(b) Access to intelligence** Unless otherwise directed by the President, the Director of National Intelligence shall have access to all national intelligence and intelligence related to the national security which is collected by any Federal department, agency, or other entity, except as otherwise provided by law or, as appropriate, under guidelines agreed upon by the Attorney General and the Director of National Intelligence.
**(c) Budget authorities**
(1) With respect to budget requests and appropriations for the National Intelligence Program, the Director of National Intelligence shall—
(A) based on intelligence priorities set by the President, provide to the heads of departments containing agencies or organizations within the intelligence community, and to the heads of such agencies and organizations, guidance for developing the National Intelligence Program budget pertaining to such agencies and organizations;
(B) based on budget proposals provided to the Director of National Intelligence by the heads of agencies and organizations within the intelligen
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3030
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Federal law — U.S. Code and appendices · legal_authorities
Page 6
TITLE 41—PUBLIC CONTRACTS
§ 103a
(A) is of a type customarily used by the
general public or by nongovernmental enti-
ties for purposes other than governmental
purposes; and
(B) has been sold, leased, or licensed, or of-
fered for sale, lease, or license, to the gen-
eral public.
(2) A product that—
(A) evolved from a product described in
paragraph (1) through advances in tech-
nology or performance; and
(B) is not yet available in the commercial
marketplace but will be available in the
commercial marketplace in time to satisfy
the delivery requirements under a Federal
Government solicitation.
(3) A product that would satisfy the criteria
in paragraph (1) or (2) were it not for—
(A) modifications of a type customarily
available in the commercial marketplace; or
(B) minor modifications made to meet
Federal Government requirements.
(4) Any combination of products meeting the
requirements of paragraph (1), (2), or (3) that
are of a type customarily combined and sold in
combination to the general public.
(5) A product, or combination of products,
referred to in paragraphs (1) through (4), even
though the product, or combination of prod-
ucts, is transferred between or among separate
divisions, subsidiaries, or affiliates of a con-
tractor.
(6) A nondevelopmental item if the pro-
curing agency determines, in accordance with
conditions in the Federal Acquisition Regula-
tion, that—
(A) the product was developed exclusively
at private expense; and
(B) has been sold in substantial quantities,
on a competitive basis, to multiple State
and local governments or to multiple foreign
governments.
(Added Pub. L. 115–232, div. A, title VIII,
§ 836(a)(1), Aug. 13, 2018, 132 Stat. 1859.)
Editorial Notes
PRIOR PROVISIONS
A prior section 103, Pub. L. 1
Source: Supplied 2024 U.S. Code historical extraction · 41 U.S.C. § 103a
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.