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41 U.S.C. § 4505 — Payments for commercial products and commercial services

Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 4505 — Payments for commercial products and commercial services

**(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.

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Source file: Laws/federal/codes/united-states-code/title-41/section-4505-payments-for-commercial-products-and-commercial-services--1ff81730a6.md
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Source location: Title 41, Chapter 45, § 4505; chapter-045-chapter-45.md

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 4501 — Authority of executive agency

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

6 U.S.C. § 453b — Litigation management

**(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

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 4505 — Payments for commercial products and

Page 137 TITLE 41—PUBLIC CONTRACTS § 4506 § 4504. Conditions for progress payments (a) PAYMENT COMMENSURATE WITH WORK.—The executive agency shall ensure that a payment for work in progress (including materials, labor, and other items) under a contract of an execu- tive agency that provides for those payments is commensurate with the work accomplished that meets standards established under the contract. The contractor shall provide information and evidence the executive agency determines is necessary to permit the executive agency to carry out this subsection. (b) LIMITATION.—The executive agency shall ensure that progress payments referred to in subsection (a) are not made for more than 80 percent of the work accomplished under the con- tract as long as the executive agency has not made the contractual terms, specifications, and price definite. (c) APPLICATION.—This section applies to a contract in an amount greater than $25,000. (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3791.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 4504 ............ 41:255(e). June 30, 1949, ch. 288, title III, § 305(e), as added Pub. L. 103–355, title II, § 2051(e), Oct. 13, 1994, 108 Stat. 3304, as amended Pub. L. 104–106, title XLIII, § 4321(a)(4), Feb. 10, 1996, 110 Stat. 671. § 4505. Payments for commercial products and commercial services (a) TERMS AND CONDITIONS FOR PAYMENTS.— Payments under section 4501 of this title 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.—T

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