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10 U.S.C. § 4603 — Advance notification of contract performance outside the United States

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

10 U.S.C. § 4603 — Advance notification of contract performance outside the United States

**(a) Notification.—** (1) A firm that is performing a Department of Defense contract for an amount exceeding $10,000,000, or is submitting a bid or proposal for such a contract, shall notify the Department of Defense in advance of any intention of the firm or any first-tier subcontractor of the firm to perform outside the United States and Canada any part of the contract that exceeds $500,000 in value and could be performed inside the United States or Canada. (2) If a firm submitting a bid or proposal for a Department of Defense contract is required to submit a notification under this subsection, and the firm is aware, at the time it submits its bid or proposal, that the firm intends to perform outside the United States and Canada any part of the contract that exceeds $500,000 in value and could be performed inside the United States or Canada, the firm shall include the notification in its bid or proposal. (3) The notification by a firm under paragraph (1) with respect to a first-tier subcontractor shall be made, to the maximum extent practicable, at least 30 days before award of the subcontract. **(b) Recipient of Notification.—** The firm shall transmit the notification— (1) in the case of a contract of a military department, to such officer or employee of that military department as the Secretary of the military department may direct; and (2) in the case of any other Department of Defense contract, to such officer or employee of the Department of Defense as the Secretary of Defense may direct. **(c) Availability of Notifications.—** The Secretary of Defense shall ensure that the notifications (or copies) are maintained in compiled form for a period of 5 years after the date of submission and are available for use in the preparation of the national defense tec

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Source file: Laws/federal/codes/united-states-code/title-10/section-4603-advance-notification-of-contract-performance-outside-the-united-states--172d0b07b6.md
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Source location: Title 10, Chapter 361, § 4603; chapter-361-contract-administration.md

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

41 U.S.C. § 103 — Commercial product

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.

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

10 U.S.C. § 2220 — Performance based management: acquisition programs

**(a) Establishment of Goals.—** The Secretary of Defense shall approve or define the cost, performance, and schedule goals for major defense acquisition programs of the Department of Defense and for each phase of the acquisition cycle of such programs. **(b) Evaluation of Cost Goals.—** The Under Secretary of Defense (Comptroller) shall evaluate the cost goals proposed for each major defense acquisition program of the Department. **(c) Sunset.—** The authority under this section shall terminate on September 30, 2018.

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

10 U.S.C. § 2410g — Renumbered § 4603]

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

10 U.S.C. § 3001 — Defense acquisition system; element of the defense acquisition system

**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means— (1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense; (2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and (3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense. **(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that— (1) employs members of the acquisition workforce; (2) carries out acquisition functions; and (3) focuses primarily on acquisition. **(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).

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

10 U.S.C. § 4816 — National technology and industrial base: periodic defense capability assessments

**(a) Periodic Assessment.—** Each fiscal year, the Secretary of Defense shall prepare selected assessments of the capability of the national technology and industrial base to attain the national security objectives set forth in [section 4811(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4811/a&num=0&edition=prelim). The Secretary of Defense shall prepare such assessments in consultation with the Secretary of Commerce and the Secretary of Energy. **(b) Assessment Process.—** The Secretary of Defense shall ensure that technology and industrial capability assessments— (1) describe sectors or capabilities, their underlying infrastructure and processes; (2) analyze present and projected financial performance of industries supporting the sectors or capabilities in the assessment; (3) determine the extent to which the requirements associated with defense acquisition programs can be satisfied by the present and projected performance capacities of industries supporting the sectors or capabilities in the assessment, evaluate the reasons for any variance from applicable preceding determinations, and identify the extent to which those industries are comprised of only one potential source in the national technology and industrial base or have multiple potential sources; (4) determine the extent to which the requirements associated with defense acquisition programs can be satisfied by the present and projected performance capacities of industries that do not actively support Department of Defense acquisition programs and identify the barriers to the participation of those industries; (5) identify technological and industrial capabilities and processes for which there is potential for the national industrial and technology base no

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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

10 U.S.C. § 4603 — Advance notification of contract perform-

Page 2808 TITLE 10—ARMED FORCES § 4603 EFFECTIVE DATE Pub. L. 106–398, § 1 [[div. A], title X, § 1006(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–248, provided that: ‘‘Section 2226 of title 10, United States Code [now 10 U.S.C. 4602] (as added by subsection (a)), shall take effect on De- cember 1, 2000.’’ § 4603. Advance notification of contract perform- ance outside the United States (a) NOTIFICATION.—(1) A firm that is per- forming a Department of Defense contract for an amount exceeding $10,000,000, or is submitting a bid or proposal for such a contract, shall no- tify the Department of Defense in advance of any intention of the firm or any first-tier sub- contractor of the firm to perform outside the United States and Canada any part of the con- tract that exceeds $500,000 in value and could be performed inside the United States or Canada. (2) If a firm submitting a bid or proposal for a Department of Defense contract is required to submit a notification under this subsection, and the firm is aware, at the time it submits its bid or proposal, that the firm intends to perform outside the United States and Canada any part of the contract that exceeds $500,000 in value and could be performed inside the United States or Canada, the firm shall include the notification in its bid or proposal. (3) The notification by a firm under paragraph (1) with respect to a first-tier subcontractor shall be made, to the maximum extent prac- ticable, at least 30 days before award of the sub- contract. (b) RECIPIENT OF NOTIFICATION.—The firm shall transmit the notification— (1) in the case of a contract of a military de- partment, to such officer or employee of that military department as the Secretary of the military department may direct; and (2) in the case o

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