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(b) Payments made under subsection (a) of this section may not exceed the unpaid contract price.
(c) Advance payments under subsection (a) of this section may be made only upon adequate security and a determination by the agency head that to do so would be in the public interest. Such security may be in the form of a lien in favor of the Government 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 shall be paramount to all other liens. As amended Aug. 28, 1958, Pub.L. 85–800, § 4, 72 Stat. 966.
Section 256a. Waiver of liquidated damages.
Whenever any contract made on behalf of the Government by the head of any Federal Agency, or by officers authorized by him so to do, includes a provision for liquidated damages for delay, the Comptroller General upon recommendation of such head is authorized and empowered to remit the whole or any part of such damages as in his discretion may be just and equitable. Sept. 5, 1950, c. 849, § 10(a), 64 Stat. 591.
Section 257. Administrative determinations-Conclusiveness;
delegation of powers. (a) The determinations and decisions provided in this chapter to be made by the Administrator or other agency head may be made with respect to individual purchases and contracts or with respect to classes of purchases or contracts, and shall be final. Except as provided in subsection (b) of this section, the agency head is authorized to delegate his powers provided by this chapter, including the making of such determinations and decisions, in his discretion and subject to his direction, to any other officer or officers or officials of the agency.
Nondelegable powers; powers delegable to certain persons (b) The power of the agency head to make the determinations or decisions specified in paragraphs (12) and (13) of section 252(c) of this title shall not be delegable, and the power to make the determinations or decisions specified in paragraph (10) of section 252(c) of this title shall be delegable only to a chief officer responsible for procurement and only with respect to contracts which will not require the expenditure of more than $25,000. The power of the Administrator to make the delegations and determinations specified in section 252 (a) of this title shall be delegable only to the Deputy Administrator or to the chief official of any principal organizational unit of the General Services Administration.
Basis of determinations; finding conclusive;
preservation of findings; copy (c) Each determination or decision required by paragraphs (11)-(13), or (14) of section 252 (c) by section 254 or by section 255(c) of this title shall be based upon written findings made by the official making such determination, which finding shall be final and shall be available within the agency for a period of at least six years following the date of the determination. A copy of the findings shall be submitted to the General Accounting Office with the contract.
Preservation of data (d) In any case where any purchase or contract is negotiated pursuant to the provisions of section 252 (c) of this title, except in a case covered by paragraphs (2)-(5), or (6) of section 252(c) of this title, the data with respect to the negotiation shall be preserved in the files of the agency for a period of six years following final payment on such contract. As amended Aug. 28, 1958, Pub.L. 85–800, § 5, 72 Stat. 967.
Section 259. Definitions.
As used in this chapter
(a) The term "agency head” shall mean the head or any assistant head of any executive agency, and may at the option of the Administrator include the chief official of any principal organizational unit of the General Services Administration.
***. *** July 12, 1952, c. 703, $ 1(h), 66 Stat. 593.
Section 260. Laws not applicable to contracts.
(a) The following provisions of law shall not apply to the procurement of property or services (1) by the General Services Administration, or (2) within the scope of authority delegated by the Administrator to any other executive agency:
Section 5 of this title;
Sections 6 and 6a of this title. (b) Reference in any Act, except subsection (a) of this section, to the applicability of section 5 of Title 41, to the procurement of property or services by the General Services Administration or any constituent organization thereof, or any other executive agency delegated authority pursuant to section 252(a) (2) of this title, shall be deemed to be reference to section 252(c) of this title. As amended Aug. 28, 1958, Pub.L. 85–800, $ 6, 72 Stat. 967.
CHAPTER 5.-JUDICIAL REVIEW OF ADMINISTRATIVE
DISPUTES ACT Section 321. Limitations on pleading contract-provisions rela
ting to finality; standards of review. No provision of any contract entered into by the United States, relating to the finality or conclusiveness of any decision of the head of any department or agency or his duly authorized representative or board in a dispute involving a question arising under such contract, shall be pleaded in any suit now filed or to be filed as limiting judicial review of any such decision to cases where fraud by such official or his said representative or board is alleged: Provided, however, That any such decision shall be final and conclusive unless the same is fraudulent or capricious or arbitrary or so grossly erroneous as necessarily to imply bad faith, or is not supported by substantial evidence. May 11, 1954, c. 199, § 1, 68 Stat. 81.
Section 322. Contract-provisions making decisions final on ques
tions of law. No Government contract shall contain a provision making final on a question of law the decision of any administrative official, representative, or board. May 11, 1954, c. 199, § 2, 68 Stat. 81.
PART XVIII, TITLE 42
CHAPTER 15.-DAMAGE BY FLOOD OR OTHER
Section 1855b. Assistance by Federal agencies; scope of ser
vices; reimbursement; disposition of moneys;
liability. In any major disaster, Federal agencies are authorized when directed by the President to provide assistance (a) by utilizing or lending, with or without compensation therefor, to States and local governments their equipment, supplies, facilities, personnel, and other resources, other than the extension of credit under the authority of any Act; (b) by distributing, through the American National Red Cross or otherwise, medicine, food, and other consumable supplies; (c) by donating or lending equipment and supplies, determined under then existing law to be surplus to the needs and responsibilities of the Federal Government, to States for use or distribution by them for the purposes of this chapter including the restoration of public facilities damaged or destroyed in such major disaster and essential rehabilitation of individuals in need as the result of such major disaster; (d) by performing on public or private lands protective and other work essential for the preservation of life and property, clearing debris and wreckage, making emergency repairs to and temporary replacements of public facilities of local governments damaged or destroyed in such major disaster, providing temporary housing or other emergency shelter for families who, as a result of such major disaster, require temporary housing or other emergency shelter, and making contributions to States and local governments for purposes stated in this subdivision. The authority conferred by this chapter, and any funds provided hereunder shall be supplementary to, and not in substitution for, nor in limitation of, any other authority conferred or funds provided under any other law. Any funds received by Federal agencies as reimbursement for services or supplies furnished under the authority of this section shall be deposited to the credit of the appropriation or appropriations currently available for such services or supplies. The Federal Government shall not be liable for any claim based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a Federal agency or an employee of the Government in carrying out the provisions of this section. (Sept. 30, 1950, ch. 1125, § 3, 64 Stat. 1110; Aug. 3, 1951, ch. 293, § 2, 65 Stat. 173; July 17, 1953, ch. 225, 67 Stat. 180.)
CHAPTER 23.-DEVELOPMENT AND CONTROL OF
ATOMIC ENERGY ACT OF 1954 Section 2011. Congressional declaration of policy.
Atomic energy is capable of application for peaceful as well as military purposes. It is therefore declared to be policy of the United States that
(a) the development, use, and control of atomic energy shall be directed so as to make the maximum contribution to the general welfare, subject at all times to the paramount objective of making the maximum contribution to the common defense and security; and
(b) the development, use, and control of atomic energy shall be directed so as to promote world peace, improve the general welfare, increase the standard of living, and strengthen free competition in private enterprise. Aug. 1. 1946, c. 724, § 1, as
added Aug. 30, 1954, 9:44 a.m., E.D.T., c. 1073, § 1, 68 Stat. 921. Section 2012. Congressional findings.
The Congress of the United States makes the following findings concerning the development, use, and control of atomic energy:
(a) The development, utilization, and control of atomic energy for military and for all other purposes are vital to the common defense and security.
(b) In permitting the property of the United States to be used by others, such use must be regulated in the national interest and in order to provide for the common defense and security and to protect the health and safety of the public.
(c) The processing and utilization of source, byproduct, and special nuclear material affect interstate and foreign commerce and must be regulated in the national interest.
(d) The processing and utilization of source, byproduct, and special nuclear material must be regulated in the national interest and in order to provide for the common defense and security and to protect the health and safety of the public.
(e) Source and special nuclear material, production facilities, and utilization facilities are affected with the public interest, and regulation by the United States of the production and utilization of atomic energy and of the facilities used in connection therewith is necessary in the national interest to assure the common defense and security and to protect the health and safety of the public.
(f) The necessity for protection against possible interstate damage occurring from the operation of facilities for the production or utilization of source or special nuclear material places the operation of those facilities in interstate commerce for the purposes of this chapter.