Legal corpus: U.S. Code titles 1–11 from pinned OLRC XML (11,050 sections)
Raw OLRC USLM XML zips @ release 119-100 (retrieved 2026-07-04 via Atlas depot), ingested with the standard pipeline: raw snapshot -> per-section OKF markdown -> manifest + checksums. Title 52 untouched. LegalText: 171 -> 11,221. Titles 12-54 await a clean OLRC retry. Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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type: "LegalText"
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title: "10 U.S.C. § 4501"
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description: "Procurement of contract services: management structure"
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title_number: 10
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title_name: "ARMED FORCES"
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chapter_number: "341"
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chapter_name: "ACQUISITION OF SERVICES GENERALLY"
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section: "4501"
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citation: "10 U.S.C. § 4501"
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---
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# 10 U.S.C. § 4501 - Procurement of contract services: management structure
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## Text
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(a) Requirement for Management Structure.— The Secretary of Defense shall establish and implement a management structure for the procurement of contract services for the Department of Defense. The management structure shall provide, at a minimum, for the matters specified in subsections (b), (c), (d), and (e).
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(b) Policies, Procedures, and Best Practices Guidelines.— The management structure implemented pursuant to subsection (a) shall provide that the Under Secretary of Defense for Acquisition and Sustainment shall develop and maintain (in consultation with the service acquisition executives) policies, procedures, and best practices guidelines addressing the procurement of contract services, including policies, procedures, and best practices guidelines for—
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(1) acquisition planning;
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(2) solicitation and contract award;
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(3) requirements development and management;
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(4) contract tracking and oversight;
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(5) performance evaluation; and
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(6) risk management.
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(c) Personnel and Support.— The management structure implemented pursuant to subsection (a) shall provide that the Under Secretary shall work with the service acquisition executives and other appropriate officials of the Department of Defense—
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(1) to identify the critical skills and competencies needed to carry out the procurement of contract services on behalf of the Department of Defense;
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(2) to develop a comprehensive strategy for recruiting, training, and deploying employees to meet the requirements for such skills and competencies; and
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(3) to ensure that the military departments and Defense Agencies have staff and administrative support that are adequate to effectively perform their duties under this section and section 4502 of this title.
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(d) Contract Services Acquisition Categories.— The management structure implemented pursuant to subsection (a) shall provide that the Under Secretary shall establish contract services acquisition categories, based on dollar thresholds, for the purpose of establishing the level of review, decision authority, and applicable procedures in such categories.
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(e) Oversight of Implementation.— The management structure implemented pursuant to subsection (a) shall provide that the Under Secretary shall oversee the implementation of the requirements of this section and section 4502 of this title and the policies, procedures, and best practices guidelines established pursuant to subsection (b).
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(f) Contract Services.— In this section, the term “contract services” has the meaning given that term in section 4502(d)(2) of this title.
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(Added Pub. L. 107–107, div. A, title VIII, § 801(b)(1), Dec. 28, 2001, 115 Stat. 1174, § 2330; amended Pub. L. 107–314, div. A, title X, § 1062(a)(8), Dec. 2, 2002, 116 Stat. 2650; Pub. L. 109–163, div. A, title VIII, § 812(a)(1), Jan. 6, 2006, 119 Stat. 3376; Pub. L. 112–239, div. A, title VIII, § 845(d), Jan. 2, 2013, 126 Stat. 1848; Pub. L. 116–92, div. A, title IX, § 902(51), Dec. 20, 2019, 133 Stat. 1548; renumbered § 4501 and amended Pub. L. 116–283, div. A, title XVIII, § 1856(c)–(e), Jan. 1, 2021, 134 Stat. 4274.)
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## Notes
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Editorial Notes
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Prior ProvisionsA prior section 4501, act Aug. 10, 1956, ch. 1041, 70A Stat. 251, which related to industrial mobilization by the President in time of war, was repealed by Pub. L. 103–160, div. A, title VIII, § 822(a)(2), Nov. 30, 1993, 107 Stat. 1705. See section 4882 of this title.
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Amendments2021—Pub. L. 116–283, § 1856(e)(2), redesignated par. (1) of subsec. (a) as subsec. (b) and subpars. (B) to (D) of former par. (1) as subsecs. (c) to (e), respectively. Pub. L. 116–283, § 1856(d), transferred subsecs. (a)(2), (3), (b), and (c) to section 4502 of this title. Amendment notes below prior to 2021 relate to section as it read before such provisions were transferred. Pub. L. 116–283, § 1856(c), renumbered section 2330 of this title as this section. Subsec. (a). Pub. L. 116–283, § 1856(e)(1), substituted “for the matters specified in subsections (b), (c), (d), and (e).” for “for the following:”. Subsec. (b). Pub. L. 116–283, § 1856(e)(3), inserted heading, substituted “The management structure implemented pursuant to subsection (a) shall provide that the Under Secretary of Defense for Acquisition and Sustainment shall develop and maintain” for “The Under Secretary of Defense for Acquisition and Sustainment shall—(A) develop and maintain”, redesignated cls. (i) to (vi) as pars. (1) to (6), respectively, substituted period for semicolon at end of par. (6), and realigned margins. Subsec. (c). Pub. L. 116–283, § 1856(e)(4)(A)–(C), inserted heading, substituted “The management structure implemented pursuant to subsection (a) shall provide that the Under Secretary shall work with” for “work with” in introductory provisions, redesignated cls. (i) to (iii) as pars. (1) to (3), respectively, and realigned margins. Subsec. (c)(3). Pub. L. 116–283, § 1856(e)(4)(D), (E), substituted “under this section and section 4502 of this title.” for “under this section;”. Subsec. (d). Pub. L. 116–283, § 1856(e)(5), inserted heading, substituted “The management structure implemented pursuant to subsection (a) shall provide that the Under Secretary shall establish contract” for “establish contract” and period for “; and”, and realigned margins. Subsec. (e). Pub. L. 116–283, § 1856(e)(6), inserted heading, substituted “The management structure implemented pursuant to subsection (a) shall provide that the Under Secretary shall oversee the” for “oversee the” and “subsection (b)” for “subparagraph (A)”, inserted “and section 4502 of this title” after “of this section”, and realigned margins. Subsec. (f). Pub. L. 116–283, § 1856(e)(7), added subsec. (f). 2019—Subsecs. (a)(1), (3), (b)(2), (3)(A). Pub. L. 116–92 substituted “Under Secretary of Defense for Acquisition and Sustainment” for “Under Secretary of Defense for Acquisition, Technology, and Logistics”. 2013—Subsec. (c)(2). Pub. L. 112–239 substituted “including services in support of contingency operations. The term does not include services relating to research and development or military construction.” for “other than services relating to research and development or military construction.” 2006—Pub. L. 109–163 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (c) relating to requirement for management structure, contracting responsibilities of designated officials, and definitions. 2002—Subsec. (c). Pub. L. 107–314 inserted comma after “a task order”.
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Statutory Notes and Related Subsidiaries
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Effective Date of 2021 AmendmentAmendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
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---
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type: "LegalText"
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title: "10 U.S.C. § 4502"
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description: "Procurement of contract services: senior officials responsible for management of acquisition of contract services"
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chapter_name: "ACQUISITION OF SERVICES GENERALLY"
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section: "4502"
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citation: "10 U.S.C. § 4502"
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---
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# 10 U.S.C. § 4502 - Procurement of contract services: senior officials responsible for management of acquisition of contract services
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## Text
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(a) Senior Officials.— The management structure implemented pursuant to section 4501 of this title shall provide for the following:
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(1) The service acquisition executive of each military department shall be the senior official responsible for the management of acquisition of contract services for or on behalf of the military department.
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(2) The Under Secretary of Defense for Acquisition and Sustainment shall be the senior official responsible for the management of acquisition of contract services for or on behalf of the Defense Agencies and other components of the Department of Defense outside the military departments.
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(b) Duties and Responsibilities of Senior Officials Responsible for the Management of Acquisition of Contract Services.— (1) Except as provided in paragraph (2), the senior officials responsible for the management of acquisition of contract services shall assign responsibility for the review and approval of procurements in each contract services acquisition category established under section 4501(d) of this title to specific Department of Defense officials, subject to the direction, supervision, and oversight of such senior officials.
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(2) With respect to the acquisition of contract services by a component or command of the Department of Defense the primary mission of which is the acquisition of products and services, such acquisition shall be conducted in accordance with policies, procedures, and best practices guidelines developed and maintained by the Under Secretary of Defense for Acquisition and Sustainment pursuant to section 4501 of this title, subject to oversight by the senior officials referred to in paragraph (1).
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(c) Duties and Responsibilities.— In carrying out subsection (b)(1), each senior official responsible for the management of acquisition of contract services shall—
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(1) implement the requirements of this section and section 4501 of this title and the policies, procedures, and best practices guidelines developed by the Under Secretary of Defense for Acquisition and Sustainment pursuant to section 4501(b) of this title;
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(2) authorize the procurement of contract services through contracts entered into by agencies outside the Department of Defense in appropriate circumstances, in accordance with the requirements of section 854 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (10 U.S.C. 2304 note), section 814 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (31 U.S.C. 1535 note), and the regulations implementing such sections;
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(3) dedicate full-time commodity managers to coordinate the procurement of key categories of services;
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(4) ensure that contract services are procured by means of procurement actions that are in the best interests of the Department of Defense and are entered into and managed in compliance with applicable laws, regulations, directives, and requirements;
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(5) ensure that competitive procedures and performance-based contracting are used to the maximum extent practicable for the procurement of contract services; and
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(6) monitor data collection under section 4505 of this title, and periodically conduct spending analyses, to ensure that funds expended for the procurement of contract services are being expended in the most rational and economical manner practicable.
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(d) Definitions.— In this section:
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(1) The term “procurement action” includes the following actions:
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(A) Entry into a contract or any other form of agreement.
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(B) Issuance of a task order, delivery order, or military interdepartmental purchase request.
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(2) The term “contract services” includes all services acquired from private sector entities by or for the Department of Defense, including services in support of contingency operations. The term does not include services relating to research and development or military construction.
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(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1856(d), (f), Jan. 1, 2021, 134 Stat. 4274, 4275; Pub. L. 117–81, div. A, title XVII, § 1701(b)(19)(A), Dec. 27, 2021, 135 Stat. 2135.)
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## Notes
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Editorial Notes
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References in TextSection 854 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005, referred to in subsec. (c)(2), is section 854 of div. A of Pub. L. 108–375, which is set out as a note under section 2304 of this title. Section 814 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999, referred to in subsec. (c)(2), is section 814 of div. A of Pub. L. 105–261, which was formerly set out as a note under section 1535 of Title 31, Money and Finance.
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Codification The text of subsecs. (a)(2), (3), (b), and (c) of section 4501 of this title, which was transferred to this section by Pub. L. 116–283, § 1856(d), was based on Pub. L. 107–107, div. A, title VIII, § 801(b)(1), Dec. 28, 2001, 115 Stat. 1174, § 2330; Pub. L. 107–314, div. A, title X, § 1062(a)(8), Dec. 2, 2002, 116 Stat. 2650; Pub. L. 109–163, div. A, title VIII, § 812(a)(1), Jan. 6, 2006, 119 Stat. 3376; Pub. L. 112–239, div. A, title VIII, § 845(d), Jan. 2, 2013, 126 Stat. 1848; Pub. L. 116–92, div. A, title IX, § 902(51)(B)–(D), Dec. 20, 2019, 133 Stat. 1549; renumbered § 4501, Pub. L. 116–283, div. A, title XVIII, § 1856(c), Jan. 1, 2021, 134 Stat. 4274. Amendment notes prior to 2021 relevant to this section can be found under section 4501 of this title.
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Prior ProvisionsA prior section 4502, act Aug. 10, 1956, ch. 1041, 70A Stat. 252, which related to maintenance by Secretary of the Army of lists of plants equipped to manufacture arms or ammunition and of plants convertible into ammunition factories and provided for a Board on Mobilization of Industries Essential for Military Preparedness, was repealed by Pub. L. 103–160, div. A, title VIII, § 822(a)(2), Nov. 30, 1993, 107 Stat. 1705. See sections 4883 and 4884 of this title. Prior sections 4503 and 4504 were repealed by Pub. L. 103–160, div. A, title VIII, §§ 822(c)(2), 827(c), Nov. 30, 1993, 107 Stat. 1707, 1713. Section 4503, act Aug. 10, 1956, ch. 1041, 70A Stat. 252, related to research and development programs of the Army. Section 4504, act Aug. 10, 1956, ch. 1041, 70A Stat. 252, related to procurement of ordnance, signal, and chemical warfare supplies for experimental purposes by Secretary of the Army. See section 4004 of this title.
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Amendments2021—Pub. L. 116–283, § 1856(d), transferred subsecs. (a)(2), (3), (b), and (c) of section 4501 of this title to this section and inserted subsec. (a) designation, heading, and introductory provisions. Subsec. (a). Pub. L. 116–283, § 1856(f)(1), redesignated pars. (2) and (3) as (1) and (2), respectively. Subsec. (b)(1). Pub. L. 116–283, § 1856(f)(2)(A), substituted “section 4501(d) of this title” for “subsection (a)(1)(C)”. Subsec. (b)(2). Pub. L. 116–283, § 1856(f)(2)(B), substituted “section 4501 of this title” for “subsection (a)(1)”. Subsec. (b)(3). Pub. L. 116–283, § 1856(f)(4), redesignated par. (3) as subsec. (c). Subsec. (c). Pub. L. 116–283, § 1856(f)(5)(A), as amended by Pub. L. 117–81, § 1701(b)(19)(A), inserted heading and substituted “In carrying out subsection (b)(1)” for “In carrying out paragraph (1)” in introductory provisions. Pub. L. 116–283, § 1856(f)(4), redesignated par. (3) of subsec. (b) as subsec. (c) and subpars. (A) to (F) as pars. (1) to (6), respectively. Pub. L. 116–283, § 1856(f)(3), redesignated subsec. (c) as (d). Subsec. (c)(1). Pub. L. 116–283, § 1856(f)(5)(B), inserted “and section 4501 of this title” after “of this section” and substituted “section 4501(b) of this title” for “subsection (a)(1)(A)”. Subsec. (c)(6). Pub. L. 116–283, § 1856(f)(5)(C), substituted “section 4505” for “section 2330a”. Subsec. (d). Pub. L. 116–283, § 1856(f)(3), redesignated subsec. (c) as (d).
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Statutory Notes and Related Subsidiaries
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Effective Date of 2021 AmendmentAmendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and Effective Date note below.
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Effective DateSection and amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as an Effective Date of 2021 note preceding section 3001 of this title.
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---
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# 10 U.S.C. § 4506 - Procurement of services: data analysis and requirements validation
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## Text
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(a) In General.— The Secretary of Defense, acting through the Under Secretary of Defense (Comptroller) and Director of Cost Assessment and Program Evaluation, shall ensure that—
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(1) appropriate and sufficiently detailed data are collected and analyzed to support the validation of requirements for services contracts and inform the planning, programming, budgeting, and execution process of the Department of Defense;
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(2) requirements for services contracts are evaluated appropriately and in a timely manner to inform decisions regarding the procurement of services; and
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(3) decisions regarding the procurement of services consider available resources and total force management policies and procedures.
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(b) Specification of Amounts Requested in Budget.— Effective February 1, 2023, the Secretary of Defense, acting through the Under Secretary of Defense (Comptroller) and Director of Cost Assessment and Program Evaluation, shall annually submit to Congress information on services contracts that clearly and separately identifies the amount requested for each category of services to be procured for each Defense Agency, Department of Defense Field Activity, command, or military installation. Such information shall—
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(1) be submitted at or before the time of the budget submission by the President under section 1105(a) of title 31 or on the date on which the future-years defense program is submitted to Congress under section 221 of this title;
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(2) cover the fiscal year covered by such budget submission by the President;
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(3) be consistent with total amounts of estimated expenditures and proposed appropriations necessary to support the programs, projects, and activities of the Department of Defense included in such budget submission by the President for that fiscal year;
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(4) be informed by the review of the inventory required by section 4505(c) using standard guidelines developed under subsection (d); and
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(5) clearly and separately identify the amount requested and projected for the procurement of contract services for each Defense Agency, Department of Defense Field Activity, command, or military installation for the budget year and the subsequent four fiscal years in the future-years defense program submitted to Congress under section 221.
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(c) Data Analysis.— (1) Each Secretary of a military department shall regularly analyze past spending patterns and anticipated future requirements with respect to the procurement of services within such military department.
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(2) (A) The Secretary of Defense, acting through the Under Secretary of Defense (Comptroller) and Director of Cost Assessment and Program Evaluation, shall regularly analyze past spending patterns and anticipated future requirements with respect to the procurement of services—
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(i) within each Defense Agency and Department of Defense Field Activity; and
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(ii) across military departments, Defense Agencies, and Department of Defense Field Activities.
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(B) The Secretaries of the military departments shall make data on services contracts available to the Secretary of Defense for purposes of conducting the analysis required under subparagraph (A).
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(3) The analyses conducted under this subsection shall—
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(A) identify contracts for similar services that are procured for three or more consecutive years at each Defense Agency, Department of Defense Field Activity, command, or military installation;
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(B) evaluate patterns in the procurement of services, to the extent practicable, at each Defense Agency, Department of Defense Field Activity, command, or military installation and by category of services procured;
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(C) be used to validate requirements for services contracts entered into after the date of the enactment of this subsection; and
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(D) be used to inform decisions on the award of and funding for such services contracts.
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(d) Requirements Evaluation.— (1) Each Services Requirements Review Board shall evaluate each requirement for a services contract, taking into consideration total force management policies and procedures, available resources, the analyses conducted under subsection (c), and contracting efficacy and efficiency. An evaluation of a services contract for compliance with contracting policies and procedures may not be considered to be an evaluation of a requirement for such services contract.
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(2) The Secretary of Defense shall establish and issue standard guidelines within the Department of Defense for the evaluation of requirements for services contracts. Any such guidelines issued—
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(A) shall be consistent with the “Handbook of Contract Function Checklists for Services Acquisition” issued by the Department of Defense in May 2018, or a successor or other appropriate policy; and
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|
||||
(B) shall be updated as necessary to incorporate applicable statutory changes to total force management policies and procedures and any other guidelines or procedures relating to the use of Department of Defense civilian employees to perform new functions and functions that are performed by contractors.
|
||||
|
||||
(3) The acquisition decision authority for each services contract shall certify—
|
||||
|
||||
(A) that a task order or statement of work being submitted to a contracting office is in compliance with the standard guidelines;
|
||||
|
||||
(B) that all appropriate statutory risk mitigation efforts have been made; and
|
||||
|
||||
(C) that such task order or statement of work does not include requirements formerly performed by Department of Defense civilian employees.
|
||||
|
||||
(4) The Inspector General of the Department of Defense may conduct annual audits to ensure compliance with this subsection.
|
||||
|
||||
[(e) Repealed. Pub. L. 119–60, div. A, title VIII, § 815(1), Dec. 18, 2025, 139 Stat. 953.]
|
||||
|
||||
(f) Definitions.— In this section:
|
||||
|
||||
(1) The term “Services Requirements Review Board” has the meaning given in Department of Defense Instruction 5000.74, titled “Defense Acquisition of Services” and dated January 10, 2020, or a successor instruction.
|
||||
|
||||
(2) The term “acquisition decision authority” means the designated decision authority for each designated special interest services acquisition category, described in such Department of Defense Instruction.
|
||||
|
||||
(Added Pub. L. 115–91, div. A, title VIII, § 851(a)(1), Dec. 12, 2017, 131 Stat. 1489, § 2329; amended Pub. L. 115–232, div. A, title VIII, § 818(a), Aug. 13, 2018, 132 Stat. 1852; Pub. L. 116–92, div. A, title VIII, § 817(a), title XVII, § 1731(a)(42), Dec. 20, 2019, 133 Stat. 1488, 1814; renumbered § 4506 and amended Pub. L. 116–283, div. A, title XVIII, §§ 1856(g), 1883(b)(2), Jan. 1, 2021, 134 Stat. 4275, 4294; Pub. L. 117–81, div. A, title VIII, § 815(a), Dec. 27, 2021, 135 Stat. 1824; Pub. L. 119–60, div. A, title VIII, § 815, Dec. 18, 2025, 139 Stat. 953.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe date of the enactment of this subsection, referred to in subsec. (c)(3)(C), is the date of enactment of Pub. L. 115–91, which was approved Dec. 12, 2017.
|
||||
|
||||
Prior ProvisionsA prior section 4506, act Aug. 10, 1956, ch. 1041, 70A Stat. 253, which related to sale, loan, or gift of samples, drawings, and information to contractors, was repealed by Pub. L. 103–160, div. A, title VIII, § 822(b)(3), Nov. 30, 1993, 107 Stat. 1706.
|
||||
|
||||
Amendments2025—Subsec. (e). Pub. L. 119–60, § 815(1), struck out subsec. (e) which related to timely planning to avoid bridge contracts. Subsec. (f). Pub. L. 119–60, § 815(2), redesignated pars. (3) and (4) as (1) and (2), respectively, and struck out former pars. (1) and (2) which defined the terms “bridge contract” and “requirements owner”, respectively, for purposes of this section. 2021—Pub. L. 116–283, § 1856(g), renumbered section 2329 of this title as this section. Subsec. (b). Pub. L. 117–81, § 815(a)(1)(A), substituted “February 1, 2023” for “October 1, 2021” in introductory provisions. Subsec. (b)(4). Pub. L. 116–283, § 1883(b)(2), substituted “section 4505(c)” for “section 2330a(c)”. Pub. L. 117–81, § 815(a)(1)(B), added par. (4) and struck out former par. (4) which read as follows: “be organized using a common enterprise data structure developed under section 2222 of this title; and”. Subsec. (b)(5). Pub. L. 117–81, § 815(a)(1)(B), added par. (5) and struck out former par. (5) which read as follows: “be included in the future-years defense program submitted to Congress under section 221 of this title.” Subsec. (d). Pub. L. 117–81, § 815(a)(2), amended subsec. (d) generally. Prior to amendment, text read as follows: “Each Services Requirements Review Board shall evaluate each requirement for a services contract, taking into consideration total force management policies and procedures, available resources, the analyses conducted under subsection (c), and contracting efficacy and efficiency. An evaluation of a services contract for compliance with contracting policies and procedures may not be considered to be an evaluation of a requirement for such services contract.” Subsec. (f). Pub. L. 117–81, § 815(a)(3), redesignated subsec. (g) as (f) and struck out former subsec. (f). Prior to amendment, text of subsec. (f) read as follows: “Except with respect to the analyses required under subsection (c), this section shall not apply to— “(1) services contracts in support of contingency operations, humanitarian assistance, or disaster relief; “(2) services contracts in support of a national security emergency declared with respect to a named operation; or “(3) services contracts entered into pursuant to an international agreement.” Subsec. (f)(3). Pub. L. 117–81, § 815(a)(4)(A), substituted “January 10, 2020” for “January 5, 2016”. Subsec. (f)(4). Pub. L. 117–81, § 815(a)(4)(B), added par. (4). Subsec. (g). Pub. L. 117–81, § 815(a)(3), redesignated subsec. (g) as (f). 2019—Subsec. (a). Pub. L. 116–92, § 817(a)(1), inserted “, acting through the Under Secretary of Defense (Comptroller) and Director of Cost Assessment and Program Evaluation,” after “Secretary of Defense” in introductory provisions. Subsec. (b). Pub. L. 116–92, § 817(a)(2), inserted “, acting through the Under Secretary of Defense (Comptroller) and Director of Cost Assessment and Program Evaluation,” after “Secretary of Defense” in introductory provisions. Subsec. (c)(2)(A). Pub. L. 116–92, § 817(a)(3), inserted “, acting through the Under Secretary of Defense (Comptroller) and Director of Cost Assessment and Program Evaluation,” after “Secretary of Defense” in introductory provisions. Subsec. (g)(1). Pub. L. 116–92, § 1731(a)(42), substituted “term ‘bridge contract’ ” for “term ‘bridge contact’ ” in introductory provisions. 2018—Subsec. (b). Pub. L. 115–232, § 818(a)(1), substituted “October 1, 2021” for “October 1, 2022” in introductory provisions. Subsec. (b)(1). Pub. L. 115–232, § 818(a)(2), substituted “at or before” for “at or about” and inserted “or on the date on which the future-years defense program is submitted to Congress under section 221 of this title” after “title 31”. Subsec. (b)(5). Pub. L. 115–232, § 818(a)(3)–(5), added par. (5).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2021 AmendmentAmendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
|
||||
@@ -0,0 +1,67 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 4507"
|
||||
description: "Procurement of services: contracts for professional and technical services"
|
||||
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
citation: "10 U.S.C. § 4507"
|
||||
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|
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|
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|
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confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 4507 - Procurement of services: contracts for professional and technical services
|
||||
|
||||
## Text
|
||||
|
||||
(a) In General.— The Secretary of Defense shall prescribe regulations to ensure, to the maximum extent practicable, that professional and technical services are acquired on the basis of the task to be performed rather than on the basis of the number of hours of services provided.
|
||||
|
||||
(b) Content of Regulations.— With respect to contracts to acquire services on the basis of the number of hours of services provided, the regulations described in subsection (a) shall—
|
||||
|
||||
(1) include standards and approval procedures to minimize the use of such contracts;
|
||||
|
||||
(2) establish criteria to ensure that proposals for contracts for technical and professional services are evaluated on a basis which does not encourage contractors to propose uncompensated overtime;
|
||||
|
||||
(3) ensure appropriate emphasis on technical and quality factors in the source selection process;
|
||||
|
||||
(4) require identification of any hours in excess of 40-hour weeks included in a proposal;
|
||||
|
||||
(5) ensure that offerors are notified that proposals which include unrealistically low labor rates or which do not otherwise demonstrate cost realism will be considered in a risk assessment and evaluated appropriately; and
|
||||
|
||||
(6) provide guidance to contracting officers to ensure that any use of uncompensated overtime will not degrade the level of technical expertise required to perform the contract.
|
||||
|
||||
(Added Pub. L. 101–510, div. A, title VIII, § 834(a)(1), Nov. 5, 1990, 104 Stat. 1613, § 2331; amended Pub. L. 102–25, title VII, § 701(a), Apr. 6, 1991, 105 Stat. 113; Pub. L. 103–355, title I, § 1004(c), Oct. 13, 1994, 108 Stat. 3253; Pub. L. 107–107, div. A, title VIII, § 801(g)(1), Dec. 28, 2001, 115 Stat. 1177; renumbered § 4507, Pub. L. 116–283, div. A, title XVIII, § 1856(g), Jan. 1, 2021, 134 Stat. 4275.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsA prior section 4507, act Aug. 10, 1956, ch. 1041, 70A Stat. 253, which related to sale of ordnance and ordnance stores to designers, was repealed by Pub. L. 103–160, div. A, title VIII, § 822(b)(3), Nov. 30, 1993, 107 Stat. 1706.
|
||||
|
||||
Amendments2021—Pub. L. 116–283 renumbered section 2331 of this title as this section. 2001—Pub. L. 107–107 substituted “Procurement of services: contracts” for “Contracts” in section catchline. 1994—Subsec. (c). Pub. L. 103–355 struck out text and heading of subsec. (c). Text read as follows: “(1) The Secretary of Defense may waive the limitation in section 2304(j)(4) of this title on the total value of task orders for specific contracting activities to the extent the Secretary considers the use of master agreements necessary in order to further the policy set forth in subsection (a). “(2) During any fiscal year, such a waiver may not increase the total value of task orders under master agreements of a contracting activity by more than 20 percent of the value of all contracts for advisory and assistance services awarded by that contracting activity during fiscal year 1989. “(3) Such a waiver shall not become effective until 60 days after the Secretary of Defense has published notice thereof in the Federal Register.” 1991—Subsec. (c)(1). Pub. L. 102–25 struck out “on a case-by-case basis” after “value of task orders”, substituted “considers the use of master agreements necessary” for “considers necessary the use of master agreements”, and struck out “of this section” before period at end.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2021 AmendmentAmendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
|
||||
|
||||
Effective Date of 1994 AmendmentFor effective date and applicability of amendment by Pub. L. 103–355, see section 10001 of Pub. L. 103–355, set out as a note under section 8752 of this title.
|
||||
|
||||
RegulationsPub. L. 101–510, div. A, title VIII, § 834(b), Nov. 5, 1990, 104 Stat. 1614, provided that: “Not later than 180 days after the date of the enactment of this Act [Nov. 5, 1990], the Secretary of Defense shall publish for public comment new regulations to carry out the requirements in this section [enacting this section]. The Secretary shall promulgate final regulations to carry out such requirements not later than 270 days after the date of the enactment of this Act.”
|
||||
|
||||
Provisions Not Affected by Pub. L. 103–355Repeal of subsec. (c) of this section by Pub. L. 103–355 not to be construed as modifying or superseding, or as intended to impair or restrict, authorities or responsibilities under former 40 U.S.C. 759 or chapter 11 of Title 40, Public Buildings, Property, and Works, see section 1004(d) of Pub. L. 103–355, set out as a note preceding section 3401 of this title.
|
||||
@@ -0,0 +1,69 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 4508"
|
||||
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|
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
citation: "10 U.S.C. § 4508"
|
||||
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|
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|
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 4508 - Contractor performance of acquisition functions closely associated with inherently governmental functions
|
||||
|
||||
## Text
|
||||
|
||||
(a) Limitation.— The head of an agency may enter into a contract for the performance of acquisition functions closely associated with inherently governmental functions only if the contracting officer for the contract ensures that—
|
||||
|
||||
(1) appropriate military or civilian personnel of the Department of Defense cannot reasonably be made available to perform the functions;
|
||||
|
||||
(2) appropriate military or civilian personnel of the Department of Defense are—
|
||||
|
||||
(A) to supervise contractor performance of the contract; and
|
||||
|
||||
(B) to perform all inherently governmental functions associated with the functions to be performed under the contract; and
|
||||
|
||||
(3) the agency addresses any potential organizational conflict of interest of the contractor in the performance of the functions under the contract, consistent with subpart 9.5 of part 9 of the Federal Acquisition Regulation and the best interests of the Department of Defense.
|
||||
|
||||
(b) Definitions.— In this section:
|
||||
|
||||
(1) The term “head of an agency” does not include the Secretary of Homeland Security or the Administrator of the National Oceanic and Atmospheric Administration.
|
||||
|
||||
(2) The term “inherently governmental functions” has the meaning given such term in subpart 7.5 of part 7 of the Federal Acquisition Regulation.
|
||||
|
||||
(3) The term “functions closely associated with inherently governmental functions” means the functions described in section 7.503(d) of the Federal Acquisition Regulation.
|
||||
|
||||
(4) The term “organizational conflict of interest” has the meaning given such term in subpart 9.5 of part 9 of the Federal Acquisition Regulation.
|
||||
|
||||
(Added Pub. L. 108–375, div. A, title VIII, § 804(a)(1), Oct. 28, 2004, 118 Stat. 2007, § 2383; renumbered § 4508 and amended Pub. L. 116–283, div. A, title XVIII, § 1856(g), (i), Jan. 1, 2021, 134 Stat. 4275.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsA prior section 4508, acts Aug. 10, 1956, ch. 1041, 70A Stat. 253; Nov. 2, 1966, Pub. L. 89–718, § 27, 80 Stat. 1119, which related tests of iron, steel, and other materials, was repealed by Pub. L. 103–160, div. A, title VIII, § 822(b)(3), Nov. 30, 1993, 107 Stat. 1706.
|
||||
|
||||
Amendments2021—Pub. L. 116–283 renumbered section 2383 of this title as this section. Subsec. (b)(1). Pub. L. 116–283, § 1856(i), which directed striking out “has the meaning given in section 2302(1) of this title, except that such term”, was executed by striking out “has the meaning given such term in section 2302(1) of this title, except that such term” before “does not include”, to reflect the probable intent of Congress.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2021 AmendmentAmendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
|
||||
|
||||
Effective DatePub. L. 108–375, div. A, title VIII, § 804(b), Oct. 28, 2004, 118 Stat. 2008, provided that: “Section 2383 of title 10, United States Code [now 10 U.S.C. 4508] (as added by subsection (a)), shall apply to contracts entered into on or after the date of the enactment of this Act [Oct. 28, 2004].”
|
||||
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|
||||
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|
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|
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|
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|
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
citation: "10 U.S.C. § 4509"
|
||||
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|
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|
||||
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|
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 4509 - Contracts for advisory and assistance services: cost comparison studies
|
||||
|
||||
## Text
|
||||
|
||||
(a) Requirement.— (1) (A) Before the Secretary of Defense enters into a contract described in subparagraph (B), the Secretary shall determine whether Department of Defense personnel have the capability to perform the services proposed to be covered by the contract.
|
||||
|
||||
(B) Subparagraph (A) applies to any contract of the Department of Defense for advisory and assistance services that is expected to have a value in excess of $100,000.
|
||||
|
||||
(2) If the Secretary determines that Department of Defense personnel have the capability to perform the services to be covered by the contract, the Secretary shall conduct a study comparing the cost of performing the services with Department of Defense personnel and the cost of performing the services with contractor personnel.
|
||||
|
||||
(b) Waiver.— The Secretary of Defense may, pursuant to guidelines prescribed by the Secretary, waive the requirement to perform a cost comparison study under subsection (a)(2) based on factors that are not related to cost.
|
||||
|
||||
(Added Pub. L. 103–337, div. A, title III, § 363(a)(1), Oct. 5, 1994, 108 Stat. 2733, § 2410l; renumbered § 4509, Pub. L. 116–283, div. A, title XVIII, § 1856(g), Jan. 1, 2021, 134 Stat. 4275.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsA prior section 4531, act Aug. 10, 1956, ch. 1041, 70A Stat. 253, authorized Secretary of the Army to procure materials and facilities necessary to maintain and support the Army, prior to repeal by Pub. L. 103–160, div. A, title VIII, § 823(2), Nov. 30, 1993, 107 Stat. 1707. A prior section 4532 was renumbered section 7532 of this title. Prior sections 4533 to 4535 were repealed by Pub. L. 103–160, div. A, title VIII, § 823(3)–(5), Nov. 30, 1993, 107 Stat. 1707. Section 4533, act Aug. 10, 1956, ch. 1041, 70A Stat. 254, related to purchases of army rations. Section 4534, act Aug. 10, 1956, ch. 1041, 70A Stat. 254, related to subsistence supplies, contract stipulations, and place of delivery on inspection. Section 4535, act Aug. 10, 1956, ch. 1041, 70A Stat. 254, provided that exceptional subsistence supplies could be purchased without advertising. A prior section 4536 was renumbered section 7536 of this title. Prior sections 4537 and 4538 were repealed by Pub. L. 103–160, div. A, title VIII, § 823(6), (7), Nov. 30, 1993, 107 Stat. 1707. Section 4537, acts Aug. 10, 1956, ch. 1041, 70A Stat. 254; Nov. 2, 1966, Pub. L. 89–718, § 8(a), 80 Stat. 1117; Dec. 12, 1980, Pub. L. 96–513, title V, § 512(14), 94 Stat. 2930, authorized Secretary of the Army to obtain assistance of United States mapping agencies in making and developing military surveys and maps. Section 4538, acts Aug. 10, 1956, ch. 1041, 70A Stat. 255; Dec. 12, 1980, Pub. L. 96–513, title V, § 512(15), 94 Stat. 2930, related to exchange and reclamation of unserviceable ammunition. A prior section 4539, act Aug. 10, 1956, ch. 1041, 70A Stat. 255, provided for purchase of horses and mules in open market at Army posts, within maximum prices prescribed by Secretary of the Army, prior to repeal by Pub. L. 91–482, § 1(a), Oct. 21, 1970, 84 Stat. 1082. A prior section 4540 was renumbered section 7540 of this title. Another prior section 4541 was renumbered section 7541 of this title. Prior sections 4542 to 4544, 4551 to 4555, and 4561 to 4565 were renumbered sections 7542 to 7544, 7551 to 7555, and 7561 to 7565 of this title, respectively.
|
||||
|
||||
Amendments2021—Pub. L. 116–283 renumbered section 2410l of this title as this section.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2021 AmendmentAmendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
|
||||
|
||||
Effective DatePub. L. 103–337, div. A, title III, § 363(c), Oct. 5, 1994, 108 Stat. 2734, provided that: “Section 2410l of title 10, United States Code [now 10 U.S.C. 4509], as added by subsection (a), shall take effect 180 days after the date of the enactment of this Act [Oct. 5, 1994].”
|
||||
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Procedures for Conduct of StudiesPub. L. 103–337, div. A, title III, § 363(b), Oct. 5, 1994, 108 Stat. 2734, provided that: “The Secretary of Defense shall prescribe the following procedures: “(1) Procedures for carrying out a cost comparison study under subsection (a)(2) of section 2410l of title 10, United States Code [now 10 U.S.C. 4509(a)(2)], as added by subsection (a), which may contain a requirement that the cost comparison study include consideration of factors that are not related to cost, including the quality of the service required to be performed, the availability of Department of Defense personnel, the duration and recurring nature of the services to be performed, and the consistency of the workload. “(2) Procedures for reviewing contracts entered into after a waiver under subsection (b) of such section to determine whether the contract is justified and sufficiently documented.”
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