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10 U.S.C. § 4508 — Contractor performance of acquisition functions closely associated with inherently governmental functions

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

10 U.S.C. § 4508 — Contractor performance of acquisition functions closely associated with inherently governmental functions

**(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.

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Stable record: federal_law:legal_authorities:record_usc_0a89f5629f0311b47cda2ac5
Source file: Laws/federal/codes/united-states-code/title-10/section-4508-contractor-performance-of-acquisition-functions-closely-associated-with--dc3653725e.md
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Source location: Title 10, Chapter 341, § 4508; chapter-341-acquisition-of-services-generally.md

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**(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.

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

10 U.S.C. § 2383 — Renumbered § 4508]

### Statutory Notes #### Prior Provisions A prior section 2383, added Pub. L. 100–456, div. A, title VIII, § 805(a)(1), Sept. 29, 1988, 102 Stat. 2010; amended Pub. L. 102–190, div. A, title X, § 1061(a)(13), Dec. 5, 1991, 105 Stat. 1473; Pub. L. 103–355, title II, § 2401, Oct. 13, 1994, 108 Stat. 3324, related to quality control in procurement of critical aircraft and ship spare or repair parts, prior to repeal by Pub. L. 104–106, div. A, title VIII, § 803(a), Feb. 10, 1996, 110 Stat. 390. Another prior section 2383, act Aug. 10, 1956, ch. 1041, 70A Stat. 137, permitted Secretary of a military department to make emergency purchases of war material abroad, and provided that such material may be admitted free of duty, prior to repeal by Pub. L. 87–456, title III, § 303(c), May 24, 1962, 76 Stat. 78.

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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

31 U.S.C. § 501 — Office of Management and Budget

The Office of Management and Budget is an office in the Executive Office of the President.

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

10 U.S.C. § 4508 — Contractor performance of acquisition

Page 2785 TITLE 10—ARMED FORCES § 4508 2001—Pub. L. 107–107 substituted ‘‘Procurement of services: contracts’’ for ‘‘Contracts’’ in section catch- line. 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 limita- tion 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 agree- ments necessary in order to further the policy set forth in subsection (a). ‘‘(2) During any fiscal year, such a waiver may not in- crease 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 activ- ity during fiscal year 1989. ‘‘(3) Such a waiver shall not become effective until 60 days after the Secretary of Defense has published no- tice 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’’, sub- stituted ‘‘considers the use of master agreements nec- essary’’ 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 AMENDMENT 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 a note preceding section 3001 of this title. EFFECTIVE DATE OF 1994 AMENDMENT For 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 s

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