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40 U.S.C. § 3707 — Contractor certification or contract clause in acquisition of commercial items not required
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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Stable record: federal_law:legal_authorities:record_usc_c00489caf488cf346ee36e28
Source file: Laws/federal/codes/united-states-code/title-40/section-3707-contractor-certification-or-contract-clause-in-acquisition-of-commercial--d05acc7627.md
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Source location: Title 40, Chapter 37, § 3707; chapter-037-contract-work-hours-and-safety-standards.md
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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.
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Federal law — U.S. Code and appendices · legal_authorities
In this subtitle, the term “commercial product” means any of the following:
(1) A product, other than real property, that—
(A) is of a type customarily used by the general public or by nongovernmental entities for purposes other than governmental purposes; and
(B) has been sold, leased, or licensed, or offered for sale, lease, or license, to the general public.
(2) A product that—
(A) evolved from a product described in paragraph (1) through advances in technology 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 products, is transferred between or among separate divisions, subsidiaries, or affiliates of a contractor.
(6) A nondevelopmental item if the procuring agency determines, in accordance with conditions in the Federal Acquisition Regulation, 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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 103
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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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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
Page 147
TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS
§ 3708
Editorial Notes
REFERENCES IN TEXT
Reorganization Plan Numbered 14 of 1950, referred to
in subsec. (a)(1), is Reorg. Plan No. 14 of 1950, eff. May
24, 1950, 15 F.R. 3176, 64 Stat. 1267, which is set out in
the Appendix to Title 5, Government Organization and
Employees.
AMENDMENTS
2011—Subsec. (b)(1). Pub. L. 111–350 substituted ‘‘sec-
tions 6506 and 6507 of title 41’’ for ‘‘sections 4 and 5 of
the Walsh-Healey Act (41 U.S.C. 38, 39)’’.
2006—Subsec. (a)(1). Pub. L. 109–284, § 6(16), inserted
‘‘of title 5’’ after ‘‘authorized by section 553’’.
Subsec. (a)(2). Pub. L. 109–284, § 6(17), struck out ‘‘of
this section’’ after ‘‘subsection (d)’’.
Statutory Notes and Related Subsidiaries
TERMINATION OF ADVISORY COMMITTEES
Advisory committees in existence on Jan. 5, 1973, to
terminate not later than the expiration of the 2-year
period following Jan. 5, 1973, unless, in the case of a
committee established by the President or an officer of
the Federal Government, such committee is renewed by
appropriate action prior to the expiration of such 2-
year period, or in the case of a committee established
by the Congress, its duration is otherwise provided by
law. Advisory committees established after Jan. 5, 1973,
to terminate not later than the expiration of the 2-year
period beginning on the date of their establishment,
unless, in the case of a committee established by the
President or an officer of the Federal Government, such
committee is renewed by appropriate action prior to
the expiration of such 2-year period, or in the case of
a committee established by the Congress, its duration
is otherwise provided by law. See section 1013 of Title
5, Government Organization and Employees.
§ 3705. S
Source: Supplied 2024 U.S. Code historical extraction · 40 U.S.C. § 3707
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