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41 U.S.C. § 3901 — Contracts awarded using procedures other than sealed-bid procedures
Federal law — U.S. Code and appendices · legal_authorities
**(a) Authorized Types.—** Except as provided in [section 3905 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3905&num=0&edition=prelim), 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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 3901
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Stable record: federal_law:legal_authorities:record_usc_a18549687dd3021bac9a3228
Source file: Laws/federal/codes/united-states-code/title-41/section-3901-contracts-awarded-using-procedures-other-than-sealed-bid-procedures--3a66d75042.md
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Source location: Title 41, Chapter 39, § 3901; chapter-039-chapter-39.md
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**(a) Authorized Types.—** Except as provided in [section 3905 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3905&num=0&edition=prelim), 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.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 114–94, div. D, title XLI, § 41013, Dec. 4, 2015, 129 Stat. 1761, provided that this subchapter shall terminate 7 years after Dec. 4, 2015.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4321
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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) Cost-Plus-A-Percentage-Of-Cost Contracts Disallowed.—** The cost-plus-a-percentage-of-cost system of contracting shall not be used.
**(b) Cost-Plus-A-Fixed-Fee Contracts.—**
(1) **In general.—** — Except as provided in paragraphs (2) and (3), the fee in a cost-plus-a-fixed-fee contract shall not exceed 10 percent of the estimated cost of the contract, not including the fee, as determined by the agency head at the time of entering into the contract.
(2) **Experimental, developmental, or research work.—** — The fee in a cost-plus-a-fixed-fee contract for experimental, developmental, or research work shall not exceed 15 percent of the estimated cost of the contract, not including the fee.
(3) **Architectural or engineering services.—** — The fee in a cost-plus-a-fixed-fee contract for architectural or engineering services relating to any public works or utility project may include the contractor’s costs and shall not exceed 6 percent of the estimated cost, not including the fee, as determined by the agency head at the time of entering into the contract, of the project to which the fee applies.
**(c) Notification.—** All cost and cost-plus-a-fixed-fee contracts shall provide for advance notification by the contractor to the procuring agency of any subcontract on a cost-plus-a-fixed-fee basis and of any fixed-price subcontract or purchase order which exceeds in dollar amount either the simplified acquisition threshold or 5 percent of the total estimated cost of the prime contract.
**(d) Right To Audit.—** A procuring agency, through any authorized representative thereof, has the right to inspect the plans and to audit the books and records of a prime contractor or subcontractor engaged in the performance of a cost or cost-plus-a-fixed-fee contract.
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 3905
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Certification required for exemption of undercover operations from certain laws** With respect to any undercover investigative operation of the United States Customs Service (hereinafter in this section referred to as the “Service”) which is necessary for the detection and prosecution of offenses against the United States which are within the jurisdiction of the Secretary of the Treasury—
(1) sums authorized to be appropriated for the Service may be used—
(A) to purchase property, buildings, and other facilities, and to lease space, within the United States, the District of Columbia, and the territories and possessions of the United States without regard to—
(i) sections 1341 and 3324 of title 31,
(ii) sections 6301(a) and (b)(1) to (3) and 6306 of title 41,
(iii) chapter 45 of title 41,
(iv) [section 8141 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section8141&num=0&edition=prelim), and
(v) [section 3901 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3901&num=0&edition=prelim), and
(B) to establish or to acquire proprietary corporations or business entities as part of the undercover operation, and to operate such corporations or business entities on a commercial basis, without regard to sections 9102 and 9103 of title 31;
(2) sums authorized to be appropriated for the Service and the proceeds from the undercover operation, may be deposited in banks or other financial institutions without regard to the provisions of [section 648 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section648&num=0&edition=prelim) and [section 3302 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3302&n
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2081
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Enforcement of subtitle E and other laws pertaining to liquor, tobacco, and firearms** Any investigator, agent, or other internal revenue officer by whatever term designated, whom the Secretary charges with the duty of enforcing any of the criminal, seizure, or forfeiture provisions of subtitle E or of any other law of the United States pertaining to the commodities subject to tax under such subtitle for the enforcement of which the Secretary is responsible, may—
(1) carry firearms;
(2) execute and serve search warrants and arrest warrants, and serve subpoenas and summonses issued under authority of the United States;
(3) in respect to the performance of such duty, make arrests without warrant for any offense against the United States committed in his presence, or for any felony cognizable under the laws of the United States if he has reasonable grounds to believe that the person to be arrested has committed, or is committing, such felony; and
(4) in respect to the performance of such duty, make seizures of property subject to forfeiture to the United States.
**(b) Enforcement of laws relating to internal revenue other than subtitle E**
(1) Any criminal investigator of the Intelligence Division of the Internal Revenue Service whom the Secretary charges with the duty of enforcing any of the criminal provisions of the internal revenue laws, any other criminal provisions of law relating to internal revenue for the enforcement of which the Secretary is responsible, or any other law for which the Secretary has delegated investigatory authority to the Internal Revenue Service, is, in the performance of his duties, authorized to perform the functions described in paragraph (2).
(2) The functions authorized under this subsection to be performed by an officer referr
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 7608
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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) In general**
(1) **Authority** — In conducting and supporting research and development activities regarding countermeasures under [section 247d–6(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section247d–6/e&num=0&edition=prelim), the Secretary may conduct and support such activities in accordance with this section and, in consultation with the Director of the National Institutes of Health, as part of the program under [section 285f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section285f&num=0&edition=prelim), if the activities concern qualified countermeasures.
(2) **Definitions** — In this section:
(A) *Qualified countermeasure* — The term “qualified countermeasure” means a drug (as that term is defined by [section 321(g)(1) of title 21](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section321/g/1&num=0&edition=prelim)), biological product (as that term is defined by [section 262(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section262/i&num=0&edition=prelim)), or device (as that term is defined by [section 321(h) of title 21](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section321/h&num=0&edition=prelim)), that the Secretary determines to be a priority (consistent with sections 182(2) and 184(a) of title 6)—
(i) to diagnose, mitigate, prevent, or treat harm from any biological agent (including organisms that cause an infectious disease) or toxin, chemical, radiological, or nuclear agent that may cause a public health emergency affecting national security;
(ii) to diagnose, mitigate, prevent, or treat harm from a condition that may result in adverse health consequences or death and
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 247d–6a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Strategic National Stockpile**
(1) **In general** — The Secretary, in collaboration with the Assistant Secretary for Preparedness and Response and the Director of the Centers for Disease Control and Prevention, and in coordination with the Secretary of Homeland Security (referred to in this section as the “Homeland Security Secretary”), shall maintain a stockpile or stockpiles of drugs, vaccines and other biological products, medical devices, and other supplies (including personal protective equipment, ancillary medical supplies, and other applicable supplies required for the administration of drugs, vaccines and other biological products, medical devices, and diagnostic tests in the stockpile) in such numbers, types, and amounts as are determined consistent with [section 300hh–10 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300hh-10&num=0&edition=prelim) by the Secretary to be appropriate and practicable, taking into account other available sources, to provide for and optimize the emergency health security of the United States, including the emergency health security of children and other vulnerable populations, in the event of a bioterrorist attack or other public health emergency and, as informed by existing recommendations of, or consultations with, the Public Health Emergency Medical Countermeasure Enterprise established under [section 300hh–10a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300hh-10a&num=0&edition=prelim), make necessary additions or modifications to the contents of such stockpile or stockpiles based on the review conducted under paragraph (2).
(2) **Threat-based review**
(A) *In general* — The Secretary shall conduct an annual threat-based review
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 247d–6b
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Publication of covered communications equipment or services list** Not later than 1 year after March 12, 2020, the Commission shall publish on its website a list of covered communications equipment or services.
**(b) Publication by Commission** The Commission shall place on the list published under subsection (a) any communications equipment or service, if and only if such equipment or service—
(1) is produced or provided by any entity, if, based exclusively on the determinations described in paragraphs (1) through (4) of subsection (c), such equipment or service produced or provided by such entity poses an unacceptable risk to the national security of the United States or the security and safety of United States persons; and
(2) is capable of—
(A) routing or redirecting user data traffic or permitting visibility into any user data or packets that such equipment or service transmits or otherwise handles;
(B) causing the network of a provider of advanced communications service to be disrupted remotely; or
(C) otherwise posing an unacceptable risk to the national security of the United States or the security and safety of United States persons.
**(c) Reliance on certain determinations** In taking action under subsection (b)(1), the Commission shall place on the list any communications equipment or service that poses an unacceptable risk to the national security of the United States or the security and safety of United States persons based solely on one or more of the following determinations:
(1) A specific determination made by any executive branch interagency body with appropriate national security expertise, including the Federal Acquisition Security Council established under [section 1322(a) of title 41](https://uscode.house.gov/view.xhtml?req=gran
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 1601
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** With respect to any undercover investigative operation of the Service which is necessary for the detection and prosecution of crimes against the United States—
(1) sums appropriated for the Service may be used for leasing space within the United States and the territories and possessions of the United States without regard to the following provisions of law:
(A) [section 1341(a) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1341/a&num=0&edition=prelim),
(B) section 6301(a) and (b)(1) to (3) of title 41,
(C) chapter 45 of title 41,
(D) [section 8141 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section8141&num=0&edition=prelim),
(E) section 3324(a) and (b) of title 31,
(F) [section 6306 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section6306&num=0&edition=prelim), and
(G) [section 3901 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3901&num=0&edition=prelim);
(2) sums appropriated for the Service may be used to establish or to acquire proprietary corporations or business entities as part of an undercover operation, and to operate such corporations or business entities on a commercial basis, without regard to the provisions of [section 9102 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section9102&num=0&edition=prelim);
(3) sums appropriated for the Service, and the proceeds from the undercover operation, may be deposited in banks or other financial institutions without regard to the provisions of [section 648 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section648&num=0&edition=prelim) and of [section
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1363a
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