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41 U.S.C. § 131 — Acquisition
Federal law — U.S. Code and appendices · legal_authorities
In division B, the term “acquisition”—
(1) means the process of acquiring, with appropriated amounts, by contract for purchase or lease, property or services (including construction) that support the missions and goals of an executive agency, from the point at which the requirements of the executive agency are established in consultation with the chief acquisition officer of the executive agency; and
(2) includes—
(A) the process of acquiring property or services that are already in existence, or that must be created, developed, demonstrated, and evaluated;
(B) the description of requirements to satisfy agency needs;
(C) solicitation and selection of sources;
(D) award of contracts;
(E) contract performance;
(F) contract financing;
(G) management and measurement of contract performance through final delivery and payment; and
(H) technical and management functions directly related to the process of fulfilling agency requirements by contract.
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Source location: Title 41, Chapter 1, § 131; chapter-001-chapter-1.md
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In division B, the term “acquisition”—
(1) means the process of acquiring, with appropriated amounts, by contract for purchase or lease, property or services (including construction) that support the missions and goals of an executive agency, from the point at which the requirements of the executive agency are established in consultation with the chief acquisition officer of the executive agency; and
(2) includes—
(A) the process of acquiring property or services that are already in existence, or that must be created, developed, demonstrated, and evaluated;
(B) the description of requirements to satisfy agency needs;
(C) solicitation and selection of sources;
(D) award of contracts;
(E) contract performance;
(F) contract financing;
(G) management and measurement of contract performance through final delivery and payment; and
(H) technical and management functions directly related to the process of fulfilling agency requirements by contract.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Policies and Procedures.—** The Secretary of Defense shall establish policies and procedures for the effective management (including accession, education, training, and career development) of persons serving in acquisition positions in the Department of Defense.
**(b) Uniform Implementation.—** The Secretary shall ensure that, to the maximum extent practicable, acquisition workforce policies and procedures established in accordance with this chapter are uniform in their implementation throughout the Department of Defense.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1701
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Federal law — U.S. Code and appendices · legal_authorities
**(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
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) The term “best value” means, with respect to an acquisition, the optimal combination of cost, quality, technical capability or solution quality, and delivery schedule.
(2) The term “capability requirement” means a capability that is critical or essential to address an operational problem.
(3) The term “cost-effective” means, with respect to an acquisition, delivering superior end-user results at equal or lower cost compared to alternatives.
(4) The term “operational problem” means—
(A) a challenge of a military department in achieving an assigned military objective based on current doctrine, emerging threats, or future concepts; and
(B) may include limitations in capabilities, capacity, resources, or the ability to effectively and efficiently coordinate across the joint force, with another combatant command, or among military capabilities.
(5) The term “service chief” means—
(A) the Chief of Staff of the Army, with respect to matters concerning the Army;
(B) the Chief of Naval Operations, with respect to matters concerning the Navy;
(C) the Commandant of the Marine Corps, with respect to matters concerning the Marine Corps;
(D) the Chief of Staff of the Air Force, with respect to matters concerning the Air Force; and
(E) the Chief of Space Operations, with respect to matters concerning the Space Force.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirement.—** Except as provided in subsections (b) through (m), the acquisition by the Department of Defense of the following items is prohibited:
(1) The following types of end items, or components thereof, containing a specialty metal not melted or produced in the United States: aircraft, missile and space systems, ships, tank and automotive items, weapon systems, or ammunition.
(2) A specialty metal that is not melted or produced in the United States and that is to be purchased directly by the Department of Defense or a prime contractor of the Department.
**(b) Availability Exception.—**
(1) Subsection (a) does not apply to the extent that the Secretary of Defense or the Secretary of the military department concerned determines that compliant specialty metal of satisfactory quality and sufficient quantity, and in the required form, cannot be procured as and when needed at a reasonable price. For purposes of the preceding sentence, the term “compliant specialty metal” means specialty metal melted or produced in the United States.
(2) This subsection applies to prime contracts and subcontracts at any tier under such contracts.
(3) The authority in subsection (b)(1)—
(A) may be delegated to the head of contracting activity for the relevant component for an exception for a single acquisition program;
(B) may be delegated to the senior acquisition executive of a military department for an exception for multiple programs within such military department; and
(C) may be delegated to the Undersecretary of Defense for Acquisition and Sustainment for an exception for more than one military department.
**(c) Exception for Certain Acquisitions.—** Subsection (a) does not apply to the following:
(1) Acquisitions outside the United States in support of con
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4863
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Federal law — U.S. Code and appendices · legal_authorities
Page 10
TITLE 41—PUBLIC CONTRACTS
§ 131
HISTORICAL AND REVISION NOTES—CONTINUED
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
41:403(8).
Pub. L. 93–400, § 4(8), for-
merly § 4(9), as added Pub.
L. 98–577, title I, § 102(3),
Oct. 30, 1984, 98 Stat. 3067;
redesignated as § 4(8), Pub.
L. 100–679, § 3(c), Nov. 17,
1988, 102 Stat. 4056; Pub. L.
103–355,
title
VIII,
§ 8001(b)(1)–(3),
Oct.
13,
1994, 108 Stat. 3386.
SUBCHAPTER II—DIVISION B DEFINITIONS
§ 131. Acquisition
In division B, the term ‘‘acquisition’’—
(1) means the process of acquiring, with ap-
propriated amounts, by contract for purchase
or lease, property or services (including con-
struction) that support the missions and goals
of an executive agency, from the point at
which the requirements of the executive agen-
cy are established in consultation with the
chief acquisition officer of the executive agen-
cy; and
(2) includes—
(A) the process of acquiring property or
services that are already in existence, or
that must be created, developed, dem-
onstrated, and evaluated;
(B) the description of requirements to sat-
isfy agency needs;
(C) solicitation and selection of sources;
(D) award of contracts;
(E) contract performance;
(F) contract financing;
(G) management and measurement of con-
tract performance through final delivery and
payment; and
(H) technical and management functions
directly related to the process of fulfilling
agency requirements by contract.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3682.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
131 .............
41:403(16).
Pub. L. 93–400, § 4(16), as
added Pub. L. 108–136, title
XIV, § 1411, Nov. 24, 2003,
117 Stat. 1663.
§ 132. Competitive pro
Source: Supplied 2024 U.S. Code historical extraction · 41 U.S.C. § 131
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