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10 U.S.C. § 2220 — Performance based management: acquisition programs
Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment of Goals.—** The Secretary of Defense shall approve or define the cost, performance, and schedule goals for major defense acquisition programs of the Department of Defense and for each phase of the acquisition cycle of such programs.
**(b) Evaluation of Cost Goals.—** The Under Secretary of Defense (Comptroller) shall evaluate the cost goals proposed for each major defense acquisition program of the Department.
**(c) Sunset.—** The authority under this section shall terminate on September 30, 2018.
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Source file: Laws/federal/codes/united-states-code/title-10/section-2220-performance-based-management-acquisition-programs--b4cb8ee286.md
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Source location: Title 10, Chapter 131, § 2220; chapter-131-planning-and-coordination.md
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**(a) Establishment of Goals.—** The Secretary of Defense shall approve or define the cost, performance, and schedule goals for major defense acquisition programs of the Department of Defense and for each phase of the acquisition cycle of such programs.
**(b) Evaluation of Cost Goals.—** The Under Secretary of Defense (Comptroller) shall evaluate the cost goals proposed for each major defense acquisition program of the Department.
**(c) Sunset.—** The authority under this section shall terminate on September 30, 2018.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) If the President delegates to the Secretary of Defense the authority to carry out section 27(d) of the Arms Export Control Act ([22 U.S.C. 2767(d)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2767/d&num=0&edition=prelim)), relating to cooperative projects (as defined in such section), the Secretary may utilize his authority under this title in carrying out contracts or obligations incurred under such section.
(2) Except as provided in subsection (c), chapter 137 11 See References in Text note below. of this title shall apply to such contracts (referred to in paragraph (1)) entered into by the Secretary of Defense. Except to the extent waived under subsection (c) or some other provision of law, all other provisions of law relating to procurement, if otherwise applicable, shall apply to such contracts entered into by the Secretary of Defense.
**(b)** When contracting or incurring obligations under section 27(d) of the Arms Export Control Act for cooperative projects, the Secretary of Defense may require subcontracts to be awarded to particular subcontractors in furtherance of the cooperative project.
**(c)**
(1) Subject to paragraph (2), when entering into contracts or incurring obligations under section 27(d) of the Arms Export Control Act outside the United States, the Secretary of Defense may waive with respect to any such contract or subcontract the application of any provision of law, other than a provision of the Arms Export Control Act or section 2304 1 of this title, that specifically prescribes—
(A) procedures to be followed in the formation of contracts;
(B) terms and conditions to be included in contracts;
(C) requirements for or preferences to be given to goods grown, produced, or manufactured in the Un
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2350b
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 2397, added Pub. L. 97–295, § 1(29)(A), Oct. 12, 1982, 96 Stat. 1291; amended Pub. L. 99–145, title IX, § 922, Nov. 8, 1985, 99 Stat. 693; Pub. L. 100–26, § 7(j)(5), (k)(2), Apr. 21, 1987, 101 Stat. 283, 284; Pub. L. 102–25, title VII, § 701(d)(6), Apr. 6, 1991, 105 Stat. 114; Pub. L. 102–484, div. A, title X, § 1052(29), Oct. 23, 1992, 106 Stat. 2500; Pub. L. 103–355, title IV, § 4401(d), title VIII, § 8105(d), Oct. 13, 1994, 108 Stat. 3348, 3392, related to filing of certain reports by employees or former employees of defense contractors.
Section 2397a, added Pub. L. 99–145, title IX, § 923(a)(1), Nov. 8, 1985, 99 Stat. 695; amended Pub. L. 100–26, § 7(k)(2), Apr. 21, 1987, 101 Stat. 284; Pub. L. 101–280, § 10(b), May 4, 1990, 104 Stat. 162, related to requirements relating to private employment contacts between certain Department of Defense procurement officials and defense contractors.
Section 2397b, added Pub. L. 99–500, § 101(c) [title X, § 931(a)(1)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–156, and Pub. L. 99–591, § 101(c) [title X, § 931(a)(1)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–156; Pub. L. 99–661, div. A, title IX, formerly title IV, § 931(a)(1), Nov. 14, 1986, 100 Stat. 3936, renumbered title IX, Pub. L. 100–26, § 3(5), Apr. 21, 1987, 101 Stat. 273; amended Pub. L. 100–180, div. A, title VIII, § 821, Dec. 4, 1987, 101 Stat. 1132; Pub. L. 103–355, title VIII, § 8105(e), Oct. 13, 1994, 108 Stat. 3392, related to limitations on employment by contractors of certain former Department of Defense procurement officials.
Section 2397c, added Pub. L. 99–500, § 101(c) [title X, § 931(a)(1)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–159, and Pub. L. 99–591, § 101(c) [title X, § 931(a)(1)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–159; Pub
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2397 to 2397c
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority.—** The Secretary of Defense may authorize an element of the Department of Defense to enter into a contract (through the use of procedures other than competitive procedures) with an exchange store operated under the jurisdiction of the Secretary of a military department outside the United States to procure supplies or services for use by the armed forces outside the United States.
**(b) Limitations.—**
(1) A contract may not be entered into under subsection (a) in an amount in excess of $100,000.
(2) Supplies provided under a contract entered into under subsection (a) shall be provided from the stocks of the exchange store on hand as of the date the contract is entered into with that exchange store.
(3) A contract entered into with an exchange store under subsection (a) may not provide for the procurement of services not regularly provided by that exchange store.
**(c) Exception.—** Paragraphs (1) and (2) of subsection (b) do not apply to contracts for the procurement of soft drinks that are manufactured in the United States. The Secretary of Defense shall prescribe in regulations the standards and procedures for determining whether a particular beverage is a soft drink and whether the beverage was manufactured in the United States.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2424
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Public-Private Competition.—**
(1) No function of the Department of Defense performed by Department of Defense civilian employees may be converted, in whole or in part, to performance by a contractor unless the conversion is based on the results of a public-private competition that—
(A) formally compares the cost of performance of the function by Department of Defense civilian employees with the cost of performance by a contractor;
(B) creates an agency tender, including a most efficient organization plan, in accordance with Office of Management and Budget Circular A–76, as implemented on May 29, 2003, or any successor circular;
(C) includes the issuance of a solicitation;
(D) determines whether the submitted offers meet the needs of the Department of Defense with respect to factors other than cost, including quality, reliability, and timeliness;
(E) examines the cost of performance of the function by Department of Defense civilian employees and the cost of performance of the function by one or more contractors to demonstrate whether converting to performance by a contractor will result in savings to the Government over the life of the contract, including—
(i) the estimated cost to the Government (based on offers received) for performance of the function by a contractor;
(ii) the estimated cost to the Government for performance of the function by Department of Defense civilian employees; and
(iii) an estimate of all other costs and expenditures that the Government would incur because of the award of such a contract;
(F) requires continued performance of the function by Department of Defense civilian employees unless the difference in the cost of performance of the function by a contractor compared to the cost of performance of the
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2461
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General Notice and Wait Requirements.—**
(1) The Secretary of a military department or, with respect to a Defense Agency, the Secretary of Defense may not enter into any of the following listed transactions by or for the use of that department until the Secretary concerned submits a report, subject to paragraph (3), to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives:
(A) An acquisition of fee title to any real property, if the estimated price is more than $750,000.
(B) A lease of any real property to the United States, if the estimated annual rental is more than $750,000.
(C) A lease, license, or easement of real property owned by the United States (other than a lease or license entered into under [section 2667(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2667/g&num=0&edition=prelim)), if the estimated annual fair market rental value of the property is more than $750,000.
(D) A transfer of real property owned by the United States to another Federal agency or another military department or to a State, if the estimated value is more than $750,000.
(E) A report of excess real property owned by the United States to a disposal agency, if the estimated value is more than $750,000.
(F) Any termination or modification by either the grantor or grantee of an existing license or permit of real property owned by the United States to a military department, under which substantial investments have been or are proposed to be made in connection with the use of the property by the military department.
(G) Any transaction or contract action that results in, or includes, the acquisition or use by, or the lease or license to, the United States of re
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2662
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Environmental Restoration Program.—**
(1) **In general.—** — The Secretary of Defense shall carry out a program of environmental restoration at facilities under the jurisdiction of the Secretary and at National Guard facilities. The program shall be known as the “Defense Environmental Restoration Program”.
(2) **Application of section 120 of cercla.—** — Activities of the program described in subsection (b)(1) shall be carried out subject to, and in a manner consistent with, section 120 (relating to Federal facilities) of CERCLA ([42 U.S.C. 9620](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9620&num=0&edition=prelim)).
(3) **Consultation with epa.—** — The program shall be carried out in consultation with the Administrator of the Environmental Protection Agency.
(4) **Administrative office within osd.—** — The Secretary shall identify an office within the Office of the Secretary which shall have responsibility for carrying out the program.
**(b) Program Goals.—** Goals of the program shall include the following:
(1) The identification, investigation, research and development, and cleanup of contamination from a hazardous substance or pollutant or contaminant.
(2) Correction of other environmental damage (such as detection and disposal of unexploded ordnance) which creates an imminent and substantial endangerment to the public health or welfare or to the environment.
(3) Demolition and removal of unsafe buildings and structures, including buildings and structures of the Department of Defense at sites formerly used by or under the jurisdiction of the Secretary.
**(c) Responsibility for Response Actions.—**
(1) **Basic responsibility.—** — The Secretary shall carry out (in accordance with the provisions of this chapter and CER
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2701
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authorization.—** Unless the traditional acquisition approach of design-bid-build established under chapter 11 of title 40 is used or another acquisition procedure authorized by law is used, the head of an agency shall use the two-phase selection procedures authorized in this section for entering into a contract for the design and construction of a public building, facility, or work when a determination is made under subsection (b) that the procedures are appropriate for use.
**(b) Criteria for Use.—** A contracting officer shall make a determination whether two-phase selection procedures are appropriate for use for entering into a contract for the design and construction of a public building, facility, or work when—
(1) the contracting officer anticipates that three or more offers will be received for such contract;
(2) design work must be performed before an offeror can develop a price or cost proposal for such contract;
(3) the offeror will incur a substantial amount of expense in preparing the offer; and
(4) the contracting officer has considered information such as the following:
(A) The extent to which the project requirements have been adequately defined.
(B) The time constraints for delivery of the project.
(C) The capability and experience of potential contractors.
(D) The suitability of the project for use of the two-phase selection procedures.
(E) The capability of the agency to manage the two-phase selection process.
(F) Other criteria established by the agency.
**(c) Procedures Described.—** Two-phase selection procedures consist of the following:
(1) **Development of scope of work statement.—** — The agency develops, either in-house or by contract, a scope of work statement for inclusion in the solicitation that defines the p
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3241
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Regulations.—** The Secretary of Defense shall prescribe regulations governing the payment by the Department of Defense of expenses incurred by contractors for independent research and development costs. Such regulations shall provide that expenses incurred for independent research and development shall be reported independently from other allowable indirect costs.
**(b) Costs Treated as Fair and Reasonable, and Allowable, Expenses.—** The regulations prescribed under subsection (a) shall provide that independent research and development costs shall be considered a fair and reasonable, and allowable, indirect expense on Department of Defense contracts.
**(c) Additional Controls.—** Subject to subsection (d), the regulations prescribed under subsection (a) may include the following provisions:
(1) Controls on the reimbursement of costs to the contractor for expenses incurred for independent research and development to ensure that such costs were incurred for independent research and development.
(2) Implementation of regular methods for transmission—
(A) from the Department of Defense to contractors, in a reasonable manner, of timely and comprehensive information regarding planned or expected needs of the Department of Defense for future technology and advanced capability; and
(B) from contractors to the Department of Defense, in a reasonable manner, of information regarding progress by the contractor on the independent research and development programs of the contractor.
**(d) Limitations on Regulations.—** Regulations prescribed under subsection (a) may not include provisions that would infringe on the independence of a contractor to choose which technologies to pursue in its independent research and development program if the chief executive officer o
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3762
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary of Defense shall prescribe in regulations—
(1) standards for inventory accounting systems used by contractors under contract with the Department of Defense; and
(2) appropriate enforcement requirements with respect to such standards.
**(b)** The regulations prescribed pursuant to subsection (a) shall not apply to a contract that is for an amount not greater than the simplified acquisition threshold.
**(c)** The regulations prescribed pursuant to subsection (a) shall not apply to a contract for the purchase of commercial products.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3845
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Purchases Benefiting Severely Handicapped Persons.—** In the case of a business concern that has negotiated a small business subcontracting plan with a military department or a Defense Agency, purchases made by that business concern from qualified nonprofit agencies for the blind or other severely handicapped shall count toward meeting the subcontracting goal provided in that plan.
**(b) Definitions.—** In this section:
(1) The term “small business subcontracting plan” means a plan negotiated pursuant to section 8(d) of the Small Business Act ([15 U.S.C. 637(d)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637/d&num=0&edition=prelim)) that establishes a goal for the participation of small business concerns as subcontractors under a contract.
(2) The term “qualified nonprofit agency for the blind or other severely handicapped” means—
(A) a qualified nonprofit agency for the blind, as defined in [section 8501(7) of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section8501/7&num=0&edition=prelim);
(B) a qualified nonprofit agency for other severely disabled, as defined in [section 8501(6) of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section8501/6&num=0&edition=prelim); and
(C) a central nonprofit agency designated by the Committee for Purchase from People Who Are Blind or Severely Disabled under [section 8503(c) of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section8503/c&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3903
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