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41 U.S.C. § 1502 — Cost accounting standards
Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority.—**
(1) **Cost accounting standards board.—** — The Cost Accounting Standards Board has exclusive authority to prescribe, amend, and rescind cost accounting standards, and interpretations of the standards, designed to achieve uniformity and consistency in the cost accounting standards governing measurement, assignment, and allocation of costs to contracts with the Federal Government.
(2) **Administrator for federal procurement policy.—** — The Administrator, after consultation with the Board, shall prescribe rules and procedures governing actions of the Board under this chapter. The rules and procedures shall require that any action to prescribe, amend, or rescind a standard or interpretation be approved by majority vote of the Board.
**(b) Mandatory Use of Standards.—**
(1) **Subcontract.—**
(A) *Definition.—* — In this paragraph, the term “subcontract” includes a transfer of commercial products or commercial services between divisions, subsidiaries, or affiliates of a contractor or subcontractor.
(B) *When standards are to be used.—* — Cost accounting standards prescribed under this chapter are mandatory for use by all executive agencies and by contractors and subcontractors in estimating, accumulating, and reporting costs in connection with the pricing and administration of, and settlement of disputes concerning, all negotiated prime contract and subcontract procurements with the Federal Government in excess 11 So in original. Probably should be followed by “of”. $35,000,000, as adjusted in accordance with applicable requirements of law, including requirements relating to inflation in [section 1908 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1908&num=0&edition=prelim).
(C) *Nonapplication of
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Source location: Title 41, Chapter 15, § 1502; chapter-015-chapter-15.md
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**(a) Authority.—**
(1) **Cost accounting standards board.—** — The Cost Accounting Standards Board has exclusive authority to prescribe, amend, and rescind cost accounting standards, and interpretations of the standards, designed to achieve uniformity and consistency in the cost accounting standards governing measurement, assignment, and allocation of costs to contracts with the Federal Government.
(2) **Administrator for federal procurement policy.—** — The Administrator, after consultation with the Board, shall prescribe rules and procedures governing actions of the Board under this chapter. The rules and procedures shall require that any action to prescribe, amend, or rescind a standard or interpretation be approved by majority vote of the Board.
**(b) Mandatory Use of Standards.—**
(1) **Subcontract.—**
(A) *Definition.—* — In this paragraph, the term “subcontract” includes a transfer of commercial products or commercial services between divisions, subsidiaries, or affiliates of a contractor or subcontractor.
(B) *When standards are to be used.—* — Cost accounting standards prescribed under this chapter are mandatory for use by all executive agencies and by contractors and subcontractors in estimating, accumulating, and reporting costs in connection with the pricing and administration of, and settlement of disputes concerning, all negotiated prime contract and subcontract procurements with the Federal Government in excess 11 So in original. Probably should be followed by “of”. $35,000,000, as adjusted in accordance with applicable requirements of law, including requirements relating to inflation in [section 1908 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1908&num=0&edition=prelim).
(C) *Nonapplication of standards.—* — Subparagraph (B) does not apply to—
(i) a contract or subcontract (or the portion of a contract or subcontract) for the acquisition of a commercial product or commercial service;
(ii) a contract or subcontract (or the portion of a contract or subcontract) where the price negotiated is based on a price set by law or regulation; or
(iii) a firm, fixed-price contract or subcontract (or the portion of such contract or subcontract) awarded on the basis of adequate price competition without submission of certified cost or pricing data.
(2) **Exemptions and waivers by board.—** — The Board may—
(A) exempt classes of contractors and subcontractors from the requirements of this chapter; and
(B) establish procedures for the waiver of the requirements of this chapter for individual contracts and subcontracts.
(3) **Waiver by head of executive agency.—**
(A) *In general.—* — The head of an executive agency may waive the applicability of the cost accounting standards for a contract or subcontract with a value of less than $100,000,000, as adjusted for inflation in accordance with [section 1908 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1908&num=0&edition=prelim), if that official determines in writing that the segment of the contractor or subcontractor that will perform the work—
(i) is primarily engaged in the sale of commercial products or commercial services; and
(ii) would not otherwise be subject to the cost accounting standards under this section.
(B) *In exceptional circumstances.—* — The head of an executive agency may waive the applicability of the cost accounting standards for a contract or subcontract under exceptional circumstances when necessary to meet the needs of the agency. A determination to waive the applicability of the standards under this subparagraph shall be set forth in writing and shall include a statement of the circumstances justifying the waiver.
(C) *Restriction on delegation of authority.—* — The head of an executive agency may not delegate the authority under subparagraph (A) or (B) to an official in the executive agency below the senior policymaking level in the executive agency.
(D) *Contents of federal acquisition regulation.—* — The Federal Acquisition Regulation shall include—
(i) criteria for selecting an official to be delegated authority to grant waivers under subparagraph (A) or (B); and
(ii) the specific circumstances under which the waiver may be granted.
(E) *Report.—* — The head of each executive agency shall report the waivers granted under subparagraphs (A) and (B) for that agency to the Board on an annual basis.
**(c) Required Board Action for Prescribing Standards and Interpretations.—** Before prescribing cost accounting standards and interpretations, the Board shall—
(1) take into account, after consultation and discussions with the Comptroller General, professional accounting organizations, contractors, and other interested parties—
(A) the probable costs of implementation, including any inflationary effects, compared to the probable benefits;
(B) the advantages, disadvantages, and improvements anticipated in the pricing and administration of, and settlement of disputes concerning, contracts; and
(C) the scope of, and alternatives available to, the action proposed to be taken;
(2) prepare and publish a report in the Federal Register on the issues reviewed under paragraph (1); and
(3) publish a notice of proposed rulemaking in the Federal Register and provide all parties affected at least 60 days after publication to submit their views and comments.
**(d) Effective Dates.—** Rules, regulations, cost accounting standards, and modifications thereof prescribed or amended under this chapter shall have the full force and effect of law, and shall become effective within 120 days after publication in the Federal Register in final form, unless the Board determines that a longer period is necessary. The Board shall determine implementation dates for contractors and subcontractors. The dates may not be later than the beginning of the second fiscal year of the contractor or subcontractor after the standard becomes effective.
**(e) Accompanying Material.—** Rules, regulations, cost accounting standards, and modifications thereof prescribed or amended under this chapter shall be accompanied by prefatory comments and by illustrations, if necessary.
**(f) Implementing Regulations.—** The Board shall prescribe regulations for the implementation of cost accounting standards prescribed or interpreted under this section. The regulations shall be incorporated into the Federal Acquisition Regulation and shall require contractors and subcontractors as a condition of contracting with the Federal Government to—
(1) disclose in writing their cost accounting practices, including methods of distinguishing direct costs from indirect costs and the basis used for allocating indirect costs; and
(2) agree to a contract price adjustment, with interest, for any increased costs paid to the contractor or subcontractor by the Federal Government because of a change in the contractor’s or subcontractor’s cost accounting practices or a failure by the contractor or subcontractor to comply with applicable cost accounting standards.
**(g) Nonapplicability of Certain Sections of Title 5.—** Functions exercised under this chapter are not subject to sections 551, 553 to 559, and 701 to 706 of title 5.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Organization.—** The Cost Accounting Standards Board is an independent board in the Office of Management and Budget.
**(b) Membership.—**
(1) **Members, chairman, and appointment.—** — The Board shall consist of 5 voting members and 2 nonvoting members.
(A) *Voting members.—* — One voting member is the Administrator of Federal Procurement Policy, who serves as Chairman. The other 4 members, all of whom shall have experience in Federal Government contract cost accounting, are as follows:
(i) 2 representatives of the Federal Government, each of whom has substantial experience in administering and managing covered contracts—
(I) one of whom is a representative of the Department of Defense appointed by the Secretary of Defense; and
(II) one of whom is an officer or employee of the General Services Administration appointed by the Administrator of General Services.
(ii) 2 individuals from the private sector, each of whom is appointed by the Director of the Office of Management and Budget—
(I) one of whom is a senior employee or retired senior employee of a Government contractor with substantial experience in the private sector involving administration and management of covered contracts; and
(II) one member of the accounting profession, with substantial experience as an accountant.
(B) *Nonvoting members.—* — There may be up to 2 nonvoting members appointed by the Board from academia, a nonprofit organization, or a private entity with substantial experience in establishing financial accounting and reporting standards in compliance with Generally Accepted Accounting Principles.
(2) **Term of office.—**
(A) *Length of term.—* — The term of office of each member, other than the Administrator, is 4 years, which may be extend
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 1501
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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) Definition.—** In this section, the term “Council” has the meaning given that term in [section 1301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1301&num=0&edition=prelim).
**(b) Application.—**
(1) **In general.—** — Except as provided in paragraph (2), the requirement for adjustment under subsection (c) applies to a dollar threshold that is specified in law as a factor in defining the scope of the applicability of a policy, procedure, requirement, or restriction provided in that law to the procurement of property or services by an executive agency, as the Council determines.
(2) **Exceptions.—** — Subsection (c) does not apply to dollar thresholds—
(A) in chapters 67 and 83 of this title;
(B) in sections 3141 to 3144, 3146, and 3147 of title 40;
(C) the United States Trade Representative establishes pursuant to title III of the Trade Agreements Act of 1979 ([19 U.S.C. 2511](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2511&num=0&edition=prelim) et seq.); or
(D) in sections 3131 through 3134 of title 40, except any modification of any such dollar threshold made by regulation in effect on the date of the enactment of this subparagraph shall remain in effect.
(3) **Relationship to other inflation adjustment authorities.—** — This section supersedes the applicability of other provisions of law that provide for the adjustment of a dollar threshold that is adjustable under this section.
**(c) Requirement for Periodic Adjustment.—**
(1) **Baseline constant dollar value.—** — For purposes of paragraph (2), the baseline constant dollar value for a dollar threshold—
(A) in effect on October 1, 2000, that was first specified in a law that took effect on or before October 1, 20
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 1908
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Federal law — U.S. Code and appendices · legal_authorities
In this part, the term “nontraditional defense contractor”, with respect to a procurement or with respect to a transaction authorized under section 4021(a) or 4022 of this title, means an entity that is not currently performing and has not performed, for at least the one-year period preceding the solicitation of sources by the Department of Defense for the procurement or transaction, any contract or subcontract for the Department of Defense that is subject to full coverage under the cost accounting standards prescribed pursuant to [section 1502 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1502&num=0&edition=prelim) and the regulations implementing such section.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3014
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority.—** The Secretary shall determine a fair and reasonable rate of payment for airlift services provided to the Department of Defense by air carriers who are participants in the Civil Reserve Air Fleet program.
**(b) Regulations.—** The Secretary shall prescribe regulations for purposes of subsection (a). The Secretary may exclude from the applicability of those regulations any airlift services contract made through the use of competitive procedures.
**(c) Commitment of Aircraft as a Business Factor.—** The Secretary may, in determining the quantity of business to be received under an airlift services contract for which the rate of payment is determined in accordance with subsection (a), use as a factor the relative amount of airlift capability committed by each air carrier to the Civil Reserve Air Fleet.
**(d) Inapplicable Provisions of Law.—** An airlift services contract for which the rate of payment is determined in accordance with subsection (a) shall not be subject to the provisions of chapter 271 of this title or to the provisions of subsections (a) and (b) of [section 1502 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1502&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 9512
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Applicability.—** The authorities provided in subsections (b) and (c) apply with respect to a procurement of property or services by or for an executive agency that the head of the executive agency determines are to be used—
(1) in support of a contingency operation (as defined in [section 101(a) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section101/a&num=0&edition=prelim));
(2) to facilitate the defense against or recovery from cyber, nuclear, biological, chemical, or radiological attack against the United States;
(3) in support of a request from the Secretary of State or the Administrator of the United States Agency for International Development to facilitate the provision of international disaster assistance pursuant to chapter 9 of part I of the Foreign Assistance Act of 1961 ([22 U.S.C. 2292](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2292&num=0&edition=prelim) et seq.); or
(4) in support of an emergency or major disaster (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ([42 U.S.C. 5122](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5122&num=0&edition=prelim))).
**(b) Increased Thresholds and Limitation.—** For a procurement to which this section applies under subsection (a)—
(1) the amount specified in section 1902(a), (d), and (e) of this title shall be deemed to be—
(A) $15,000 in the case of a contract to be awarded and performed, or purchase to be made, in the United States; and
(B) $25,000 in the case of a contract to be awarded and performed, or purchase to be made, outside the United States;
(2) the term “simplified acquisition threshold” means—
(A) $750,000 in the case o
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 1903
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Federal law — U.S. Code and appendices · legal_authorities
Page 35
TITLE 41—PUBLIC CONTRACTS
§ 1502
§ 1502. Cost accounting standards
(a) AUTHORITY.—
(1) COST ACCOUNTING STANDARDS BOARD.—The
Cost Accounting Standards Board has exclu-
sive authority to prescribe, amend, and re-
scind cost accounting standards, and interpre-
tations of the standards, designed to achieve
uniformity and consistency in the cost ac-
counting standards governing measurement,
assignment, and allocation of costs to con-
tracts with the Federal Government.
(2) ADMINISTRATOR
FOR
FEDERAL
PROCURE-
MENT POLICY.—The Administrator, after con-
sultation with the Board, shall prescribe rules
and procedures governing actions of the Board
under this chapter. The rules and procedures
shall require that any action to prescribe,
amend, or rescind a standard or interpretation
be approved by majority vote of the Board.
(b) MANDATORY USE OF STANDARDS.—
(1) SUBCONTRACT.—
(A) DEFINITION.—In this paragraph, the
term ‘‘subcontract’’ includes a transfer of
commercial products or commercial services
between divisions, subsidiaries, or affiliates
of a contractor or subcontractor.
(B) WHEN
STANDARDS
ARE
TO
BE
USED.—
Cost accounting standards prescribed under
this chapter are mandatory for use by all ex-
ecutive agencies and by contractors and sub-
contractors in estimating, accumulating,
and reporting costs in connection with the
pricing and administration of, and settle-
ment of disputes concerning, all negotiated
prime contract and subcontract procure-
ments with the Federal Government in ex-
cess of the amount set forth in section
3702(a)(1)(A) of title 10 as the amount is ad-
justed in accordance with applicable require-
ments of law.
(C) NONAPPLICATION
OF
STANDARDS.—Sub-
paragraph (B) does not apply to—
(i) a contract or subcontract for the ac-
quisiti
Source: Supplied 2024 U.S. Code historical extraction · 41 U.S.C. § 1502
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.