Browse Arkansas Code titles and sections

10 U.S.C. § 3226 — Estimates for program baseline and analyses and targets for contract negotiation purposes

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

10 U.S.C. § 3226 — Estimates for program baseline and analyses and targets for contract negotiation purposes

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3226

Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.

Original supplied file — preserved unchanged

Download original Markdown file

File SHA-256: ebc022952183d7cfd533a15622168b7fa167a417e4fa36a03ec3817035ca97b5. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.

Authority boundary: historical or unconfirmed source not current law verified.

Open the recorded source website ↗

Record provenance

Stable record: federal_law:legal_authorities:record_usc_10144de1e3fe65e0243ba31b
Source file: Laws/federal/codes/united-states-code/title-10/section-3226-estimates-for-program-baseline-and-analyses-and-targets-for-contract-neg--c03da9a262.md
Pages: Not recorded – Not recorded
Passage SHA-256: e208f921bdb3b4560ef58d076ab8a0e581ecab4d3077b143c08b5873435e82ca

Source location: Title 10, Chapter 222, § 3226; chapter-222-independent-cost-estimation-and-cost-analysis.md

Stored source content

**(a) Cost Estimates Developed for Specified Purposes Not to Be Used for Contract Negotiations or Obligation of Funds.—** The policies, procedures, and guidance issued by the Director of Cost Assessment and Program Evaluation in accordance with the requirements of [section 3221 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3221&num=0&edition=prelim) shall provide that cost estimates developed for baseline descriptions and other program purposes conducted pursuant to subsection (b)(6) of such section are not to be used for the purpose of contract negotiations or the obligation of funds. **(b) Cost Estimates Developed for Specified Purposes Not to Be Used for Contract Negotiations or Obligation of Funds.—** The Under Secretary of Defense for Acquisition and Sustainment shall, in consultation with the Director of Cost Assessment and Program Evaluation, develop policies, procedures, and guidance to ensure that cost analyses and targets developed for the purpose of contract negotiations and the obligation of funds are based on the Government’s reasonable expectation of successful contractor performance in accordance with the contractor’s proposal and previous experience. **(c) Program Manager and Contracting Officer.—** The program manager and contracting officer for each major defense acquisition program and major subprogram shall ensure that cost analyses and targets developed for the purpose of contract negotiations and the obligation of funds are carried out in accordance with the requirements of subsection (a) and the policies, procedures, and guidance issued by the Under Secretary of Defense for Acquisition and Sustainment under subsection (b). **(d) Availability of Excess Funds.—** (1) Funds that are made available for a major defense acquisition program or major subprogram in accordance with a cost estimate conducted pursuant to [section 3221(b)(6) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3221/b/6&num=0&edition=prelim), but are excess to a cost analysis or target developed pursuant to subsection (b), shall remain available for obligation in accordance with the terms of applicable authorization and appropriations Acts. (2) Funds described in paragraph (1) may be used— (A) to cover any increased program costs identified by a revised cost analysis or target developed pursuant to subsection (b); (B) to acquire additional end items in accordance with [section 3069 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3069&num=0&edition=prelim); or (C) to cover the cost of risk reduction and process improvements.

Cross-references

Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.

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).

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

10 U.S.C. § 3069 — Buy-to-budget acquisition: end items

**(a) Authority To Acquire Additional End Items.—** Using funds available to the Department of Defense for the acquisition of an end item, a contracting officer making the acquisition may acquire a higher quantity of the end item than the quantity specified for the end item in a law providing for the funding of that acquisition if that contracting officer determines in writing that: (1) The agency has an established requirement for the end item that is expected to remain substantially unchanged throughout the period of the acquisition. (2) It is possible to acquire the higher quantity of the end item without additional funding because of production efficiencies or other cost reductions. (3) The amount of the funds used for the acquisition of the higher quantity of the end item will not exceed the amount provided under that law for the acquisition of the end item. **(b) Regulations.—** The Secretary of Defense shall prescribe regulations for the administration of this section. **(c) Waiver by Other Law.—** A provision of law may not be construed as prohibiting the acquisition of a higher quantity of an end item under this section unless that provision of law— (1) specifically refers to this section; and (2) specifically states that the acquisition of the higher quantity of the end item is prohibited notwithstanding the authority provided in this section. **(d) Definitions.—** (1) For the purposes of this section, a quantity of an end item shall be considered specified in a law if the quantity is specified either in a provision of that law or in any related representation that is set forth separately in a table, chart, or explanatory text included in a joint explanatory statement or governing committee report accompanying the law. (2) In this section, the term “

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3069

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

10 U.S.C. § 3221 — Director of Cost Assessment and Program Evaluation

**(a) In General.—** The Director of Cost Assessment and Program Evaluation shall ensure that the cost estimation and cost analysis processes of the Department of Defense provide accurate information and realistic estimates of cost for the acquisition programs of the Department of Defense. **(b) Functions.—** In carrying out the responsibility of the Director under subsection (a), the Director shall— (1) prescribe, by authority of the Secretary of Defense, policies and procedures for the conduct of cost estimation and cost analysis for the acquisition programs of the Department of Defense; (2) with respect to cost estimation in the Department of Defense in general and with respect to specific cost estimates and cost analyses to be conducted in connection with a major defense acquisition program or major subprogram under chapters 321, 324, and 325, subchapter I of chapter 322, and sections 3042, 4232, 4273, 4293, 4321, 4323, and 4328 of this title, provide guidance to and consult with— (A) the Secretary of Defense; (B) the Under Secretary of Defense for Acquisition and Sustainment; (C) the Under Secretary of Defense (Comptroller); (D) the Secretaries of the military departments; and (E) the heads of the Defense Agencies; (3) issue guidance relating to the proper discussion of risk in cost estimates generally, and specifically, for the proper discussion of risk in cost estimates for major defense acquisition programs and major subprograms; (4) issue guidance relating to full consideration of life-cycle management and sustainability costs in major defense acquisition programs and major subprograms; (5) review all cost estimates and cost analyses conducted in connection with major defense acquisition programs and major subprograms; (6) conduct or appro

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3221

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

10 U.S.C. § 3226 — Estimates for program baseline and anal-

Page 2437 TITLE 10—ARMED FORCES § 3226 XVI, §§ 1662(a)(3), 1691, Oct. 5, 1994, 108 Stat. 2988, 3026, effective Dec. 1, 1994. See section 12002 of this title. AMENDMENTS 2024—Par. (3)(B). Pub. L. 118–159 struck out ‘‘, or the next quarterly report pursuant to section 2445c of this title in the case of a major automated information sys- tem program’’ before period at end. 2021—Pub. L. 116–283, § 1812(f)(1), (2)(A), transferred subsec. (e) of section 2334 of this title to this section and struck out subsec. (e) designation and heading ‘‘Discussion of Risk in Cost Estimates’’ at beginning. Par. (3)(A). Pub. L. 116–283, § 1812(f)(2)(B), substituted ‘‘section 3221(b)(6) of this title’’ for ‘‘subsection (a)(6)’’. Par. (3)(B). Pub. L. 116–283, § 1812(f)(2)(C), as amended by Pub. L. 117–81, § 1701(o)(6)(A)(ii), substituted ‘‘section 4351’’ for ‘‘section 2432’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 117–81 applicable as if in- cluded 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 Ef- fective Date note below. EFFECTIVE DATE Section and amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed im- plementation and applicability of existing law, see sec- tion 1801(d) of Pub. L. 116–283, set out as an Effective Date of 2021 Amendment note preceding section 3001 of this title. § 3226. Estimates for program baseline and anal- yses and targets for contract negotiation purposes (a) COST ESTIMATES DEVELOPED FOR SPECIFIED PURPOSES NOT TO BE USED FOR CONTRACT NEGO- TIATIONS OR OBLIGATION OF FUNDS.—The policies, procedures, and guidance issued by the Director

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 3226

Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.