§3801. Authority of agency — Inbound Citations
10 U.S.C. § 3801
Cited by 7 provisions in release 119-102.
Citations to 10 U.S.C. § 3801 as a whole
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(a) Whenever practicable, payments under section 3801 of this title shall be made using performance-based payments on any of the following bases:(1) Performance measured by objective, quantifiable methods such as delivery of acceptable items, work measurement, or statistical process controls.(2) Accomplishment of events defined in the program management plan.(3) Other quantifiable measures of results.
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(d) Payments made under section 3801 of this title may not exceed the unpaid contract price.
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Advance payments made under section 3801 of this title may be made only if the contractor gives adequate security and after a determination by the head of the agency that to do so would be in the public interest. Such security may be in the form of a lien in favor of the United States on the property contracted for, on the balance in an account in which such payments are deposited, and on such of the property acquired for performance of the contract as the parties may agree. This lien is paramount to any other liens and is effective immediately upon the first advancement of funds without filing, notice, or any other action by the United States.
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(a) Payments under section 3801 of this title for commercial products and commercial services may be made under such terms and conditions as the head of the agency determines are appropriate or customary in the commercial marketplace and are in the best interests of the United States.
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(c) Advance payments made under section 3801 of this title for commercial products and commercial services may include payments, in a total amount of not more than 15 percent of the contract price, in advance of any performance of work under the contract.
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(2) For the purposes of section 3803 of this title, a payment for covered services acquired through a commercially utilized acquisition strategy shall not be considered an advance payment made under section 3801 of this title.
Citations to §3801(a)
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If a contract paid by a method authorized under section 3801(a) of this title provides for title to property to vest in the United States, the title to the property shall vest in accordance with the terms of the contract, regardless of any security interest in the property that is asserted before or after the contract is entered into.