Page:United States Statutes at Large Volume 63 Part 1.djvu/434

 PUBLIC LAWS-CH. 288-JUNE 30, 1949 ADVANCE PAYMENTS Restriction. Lien in favor of Government. Delegation of pow- ers. Ante, p. 301. Ante, p. 304. Ante, p. 393. Basis of determina- tion, etc. Ante, pp. 394, 395. Preservation ofdata. Ante, pp. 393, 394. SEC. 305. (a) The agency head may make advance payments under negotiated contracts heretofore or hereafter executed in any amount not exceeding the contract price upon such terms as the parties shall agree: Provided, That advance payments shall be made only upon adequate security and if the agency head determines that provision for such advance payments is in the public interest or in the interest of the national defense and is necessary and appropriate in order to procure required supplies or services under the contract. (b) The terms governing advance payments may include as secu- rity provision for, and upon inclusion of such provision there shall thereby be created, a lien in favor of the Government, paramount to all other liens, upon the supplies contracted for, upon the credit balance in any special account in which such payments may be depos- ited and upon such of the material and other property acquired for performance of the contract as the parties shall agree. WAIVER OF LIQUIDATED DAMAGES SEC. 306. Whenever any contract made on behalf of the Government by the agency head or by officers authorized by him so to do includes a provision for liquidated damages for delay, the Comptroller General on the recommendation of the agency head is authorized and empow- ered to remit the whole or any part of such damages as in his discre- tion may be just and equitable. ADMINISTRATIVE DETERMINATIONS AND DELEGATIONS SEC. 307. (a) The determinations and decisions provided in this title 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 pro- vided in subsection (b) of this section,,the agency head is authorized to delegate his powers provided by this title, 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. (b) The power of the agency head to make the determinations or decisions specified in paragraphs (11) and (12) of section 302 (c) and in section 305 (a) shall not be delegable, and the power to make the determinations or decisions specified in paragraph (10) of section 302 (c) shall be delegable only to a chief officer responsible for pro- curement 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 302 (a) shall be delegable only to the Deputy Administrator or to the chief official of any principal organizational unit of the General Services Administration. (c) Each determination or decision required by paragraphs (10), (11), (12), or (13) of section 302 (c), by section 304 or by section 305 (a) shall be based upon written findings made by the official making such determination, which findings shall be final and shall be available within the agency for a period of at least six years follow- ing the date of the determination. A copy of the findings shall be submitted to the General Accounting Office with the contract. (d) In any case where any purchase or contract is negotiated pur- suant to the provisions of section 302 (c), except in a case covered by paragraphs (2), (3), (4), (5), or (6) thereof, 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. [63 STAT. 396

�