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10 U.S.C. § 3905 — Products of Federal Prison Industries: procedural requirements

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

10 U.S.C. § 3905 — Products of Federal Prison Industries: procedural requirements

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Stable record: federal_law:legal_authorities:record_usc_286d92f82d9b84c60e7bb6d7
Source file: Laws/federal/codes/united-states-code/title-10/section-3905-products-of-federal-prison-industries-procedural-requirements--3b088df462.md
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Source location: Title 10, Chapter 287, § 3905; chapter-287-other-contracting-programs.md

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**(a) Products for Which Federal Prison Industries Does Not Have Significant Market Share.—** (1) Before purchasing a product listed in the latest edition of the Federal Prison Industries catalog under [section 4124(d) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section4124/d&num=0&edition=prelim) for which Federal Prison Industries does not have a significant market share, the Secretary of Defense shall conduct market research to determine whether the product is comparable to products available from the private sector that best meet the needs of the Department in terms of price, quality, and time of delivery. (2) If the Secretary determines that a Federal Prison Industries product described in paragraph (1) is not comparable in price, quality, or time of delivery to products of the private sector that best meets the needs of the Department in terms of price, quality, and time of delivery, the Secretary shall use competitive procedures for the procurement of the product, or shall make an individual purchase under a multiple award contract in accordance with the competition requirements applicable to such contract. In conducting such a competition, the Secretary shall consider a timely offer from Federal Prison Industries. **(b) Products for Which Federal Prison Industries Has Significant Market Share.—** (1) The Secretary of Defense may purchase a product listed in the latest edition of the Federal Prison Industries catalog for which Federal Prison Industries has a significant market share only if the Secretary uses competitive procedures for the procurement of the product or makes an individual purchase under a multiple award contract in accordance with the competition requirements applicable to such contract. In conducting such a competition, the Secretary shall consider a timely offer from Federal Prison Industries. (2) For purposes of this subsection, Federal Prison Industries shall be treated as having a significant share of the market for a product if the Secretary, in consultation with the Administrator of Federal Procurement Policy, determines that the Federal Prison Industries share of the Department of Defense market for the category of products including such product is greater than 5 percent. **(c) Implementation by Secretary of Defense.—** The Secretary of Defense shall ensure that— (1) the Department of Defense does not purchase a Federal Prison Industries product or service unless a contracting officer of the Department determines that the product or service is comparable to products or services available from the private sector that best meet the Department’s needs in terms of price, quality, and time of delivery; and (2) Federal Prison Industries performs its contractual obligations to the same extent as any other contractor for the Department of Defense. **(d) Market Research Determination Not Subject to Review.—** A determination by a contracting officer regarding whether a product or service offered by Federal Prison Industries is comparable to products or services available from the private sector that best meet the Department’s needs in terms of price, quality, and time of delivery shall not be subject to review pursuant to [section 4124(b) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section4124/b&num=0&edition=prelim). **(e) Performance as a Subcontractor.—** (1) A contractor or potential contractor of the Department of Defense may not be required to use Federal Prison Industries as a subcontractor or supplier of products or provider of services for the performance of a Department of Defense contract by any means, including means such as— (A) a contract solicitation provision requiring a contractor to offer to make use of products or services of Federal Prison Industries in the performance of the contract; (B) a contract specification requiring the contractor to use specific products or services (or classes of products or services) offered by Federal Prison Industries in the performance of the contract; or (C) any contract modification directing the use of products or services of Federal Prison Industries in the performance of the contract. (2) In this subsection, the term “contractor”, with respect to a contract, includes a subcontractor at any tier under the contract. **(f) Protection of Classified and Sensitive Information.—** The Secretary of Defense may not enter into any contract with Federal Prison Industries under which an inmate worker would have access to— (1) any data that is classified; (2) any geographic data regarding the location of— (A) surface and subsurface infrastructure providing communications or water or electrical power distribution; (B) pipelines for the distribution of natural gas, bulk petroleum products, or other commodities; or (C) other utilities; or (3) any personal or financial information about any individual private citizen, including information relating to such person’s real property however described, without the prior consent of the individual. **(g) Definitions.—** In this section: (1) The term “competitive procedures” has the meaning given such term in [section 3012 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3012&num=0&edition=prelim). (2) The term “market research” means obtaining specific information about the price, quality, and time of delivery of products available in the private sector through a variety of means, which may include— (A) contacting knowledgeable individuals in government and industry; (B) interactive communication among industry, acquisition personnel, and customers; and (C) interchange meetings or pre-solicitation conferences with potential offerors.

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

10 U.S.C. § 633 — Retirement for years of service: regular and Space Force lieutenant colonels; regular Navy commanders

**(a) 28 Years of Active Commissioned Service.—** (1) Except as provided in subsection (b) and as provided under section 637(b) or 637a of this title, each officer of the Regular Army, Regular Air Force, or Regular Marine Corps who holds the regular grade of lieutenant colonel, and each officer of the Regular Navy who holds the regular grade of commander, who is not on a list of officers recommended for promotion to the regular grade of colonel or captain, respectively, shall, if not earlier retired, be retired on the first day of the month after the month in which he completes 28 years of active commissioned service. (2) Except as provided under section 637(b) or 637a of this title, each officer of the Space Force who holds the grade of lieutenant colonel who is not on a list of officers recommended for promotion to the grade of colonel shall, if not earlier retired, be retired on the first day of the month after the month in which the officer completes 28 years of active commissioned service. **(b) Exceptions.—** Subsection (a) does not apply to the following: (1) An officer of the Navy or Marine Corps who is an officer designated for limited duty to whom section 8146(e) or 8372 of this title applies. (2) An officer of the Navy or Marine Corps who is a permanent professor at the United States Naval Academy.

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

10 U.S.C. § 634 — Retirement for years of service: regular and Space Force colonels; regular Navy captains

**(a) 30 Years of Active Commissioned Service.—** (1) Except as provided in subsection (b) and as provided under section 637(b) or 637a of this title, each officer of the Regular Army, Regular Air Force, or Regular Marine Corps who holds the regular grade of colonel, and each officer of the Regular Navy who holds the regular grade of captain, who is not on a list of officers recommended for promotion to the regular grade of brigadier general or rear admiral (lower half), respectively, shall, if not earlier retired, be retired on the first day of the month after the month in which he completes 30 years of active commissioned service. (2) Except as provided under section 637(b) or 637a of this title, each officer of the Space Force who holds the grade of colonel who is not on a list of officers recommended for promotion to the grade of brigadier general shall, if not earlier retired, be retired on the first day of the month after the month in which the officer completes 30 years of active commissioned service. **(b) Exceptions.—** Subsection (a) does not apply to the following: (1) An officer of the Navy who is designated for limited duty to whom [section 8372(a)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section8372/a/4&num=0&edition=prelim) applies. (2) An officer of the Navy or Marine Corps who is a permanent professor at the United States Naval Academy.

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

10 U.S.C. § 7314 — Twenty to thirty years: enlisted members

Under regulations to be prescribed by the Secretary of the Army, an enlisted member of the Army who has at least 20, but less than 30, years of service computed under [section 7325 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section7325&num=0&edition=prelim) may, upon his request, be retired.

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

10 U.S.C. § 3012 — Competitive procedures

In this part, the term “competitive procedures” means procedures under which the head of an agency enters into a contract pursuant to full and open competition. Such term also includes— (1) procurement of architectural or engineering services conducted in accordance with chapter 11 of title 40; (2) the competitive selection for award of science and technology proposals resulting from a general solicitation and the peer review or scientific review (as appropriate) of such proposals; (3) the procedures established by the Administrator of General Services for the multiple award schedule program of the General Services Administration if— (A) participation in the program has been open to all responsible sources; and (B) orders and contracts under such program result in the best value to meet the needs of the United States; (4) procurements conducted in furtherance of section 15 of the Small Business Act ([15 U.S.C. 644](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section644&num=0&edition=prelim)) as long as all responsible business concerns that are entitled to submit offers for such procurements are permitted to compete; and (5) a competitive selection of research proposals resulting from a general solicitation and peer review or scientific review (as appropriate) solicited pursuant to section 9 of the Small Business Act ([15 U.S.C. 638](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section638&num=0&edition=prelim)).

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

10 U.S.C. § 2410n — Renumbered § 3905]

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

10 U.S.C. § 7329 — Computation of retired pay: law applicable

A member of the Army retired under this chapter is entitled to retired pay computed under chapter 745 of this title.

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

10 U.S.C. § 7343 — Highest grade held satisfactorily: Reserve enlisted members reduced in grade not as a result of the member’s misconduct

**(a)** A Reserve enlisted member of the Army described in subsection (b) who is retired under [section 7314 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section7314&num=0&edition=prelim) shall be retired in the highest enlisted grade in which the member served on active duty satisfactorily (or, in the case of a member of the National Guard, in which the member served on full-time National Guard duty satisfactorily), as determined by the Secretary of the Army. **(b)** This section applies to a Reserve enlisted member who— (1) at the time of retirement is serving on active duty (or, in the case of a member of the National Guard, on full-time National Guard duty) in a grade lower than the highest enlisted grade held by the member while on active duty (or full-time National Guard duty); and (2) was previously administratively reduced in grade not as a result of the member’s own misconduct, as determined by the Secretary of the Army. **(c)** This section applies with respect to Reserve enlisted members who are retired under [section 7314 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section7314&num=0&edition=prelim) after September 30, 1996.

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

10 U.S.C. § 1405 — Years of service

**(a) In General.—** For the purposes of the computation of the years of service of a member of the armed forces under a provision of this title providing for such computation to be made under this section, the years of service of the member are computed by adding— (1) his years of active service; (2) the years of service, not included in clause (1), with which he was entitled to be credited on May 31, 1958, in computing his basic pay; and (3) the years of service, not included in clause (1) or (2), with which he would be entitled to be credited under [section 12733 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12733&num=0&edition=prelim) if he were entitled to retired pay under [section 12731 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12731&num=0&edition=prelim). **(b) Fractional Years of Service.—** In determining a member’s years of service under subsection (a)— (1) each full month of service that is in addition to the number of full years of service creditable to the member shall be credited as 1⁄12 of a year; and (2) any remaining fractional part of a month shall be disregarded. **(c) Exclusion of Time Required To Be Made Up or Excluded.—** (1) Time required to be made up by an enlisted member of the Army, Air Force, or Space Force under [section 972(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section972/a&num=0&edition=prelim), or required to be made up by an enlisted member of the Navy, Marine Corps, or Coast Guard under that section with respect to a period of time after October 5, 1994, may not be counted in determining years of service under subsection (a). (2) [Section 972(b) of this title](https://uscode.house.gov/v

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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

10 U.S.C. § 636 — Retirement for years of service: regular and Space Force officers in grades above brigadier general; regular Navy officers in grades above rear admiral (lower half)

**(a) Major Generals and Rear Admirals Serving in Grade.—** (1) Except as provided in subsection (b) or (c) and under section 637(b) or 637a of this title, each officer of the Regular Army, Regular Air Force, or Regular Marine Corps who holds the regular grade of major general, and each officer of the Regular Navy who holds the regular grade of rear admiral, shall, if not earlier retired, be retired on the first day of the first month beginning after the date of the fifth anniversary of his appointment to that grade or on the first day of the month after the month in which he completes 35 years of active commissioned service, whichever is later. (2) Except as provided in subsection (b) or (c) and under section 637(b) or 637a of this title, each officer of the Space Force who holds the grade of major general shall, if not earlier retired, be retired as specified in paragraph (1). **(b) Lieutenant Generals and Vice Admirals.—** In the administration of subsection (a) in the case of an officer who is serving in the grade of lieutenant general or vice admiral, the number of years of active commissioned service applicable to the officer is 38 years. **(c) Generals and Admirals.—** In the administration of subsection (a) in the case of an officer who is serving in the grade of general or admiral, the number of years of active commissioned service applicable to the officer is 40 years.

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