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10 U.S.C. § 3762 — Independent research and development costs: allowable costs
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
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Source file: Laws/federal/codes/united-states-code/title-10/section-3762-independent-research-and-development-costs-allowable-costs--7dd6543102.md
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Source location: Title 10, Chapter 273, § 3762; chapter-273-allowable-costs.md
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**(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 of the contractor determines that expenditures will advance the needs of the Department of Defense for future technology and advanced capability as transmitted pursuant to subsection (c)(2)(A).
**(e) Effective Date.—** The regulations prescribed under subsection (a) shall apply to indirect costs incurred on or after October 1, 2017.
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Federal law — U.S. Code and appendices · legal_authorities
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Source: U.S. Code supplied Markdown snapshot · 10 U.S.C. § 2372
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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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2220
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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
**(a) Requirement for Management Structure.—** The Secretary of Defense shall establish and implement a management structure for the procurement of contract services for the Department of Defense. The management structure shall provide, at a minimum, for the matters specified in subsections (b), (c), (d), and (e).
**(b) Policies, Procedures, and Best Practices Guidelines.—** The management structure implemented pursuant to subsection (a) shall provide that the Under Secretary of Defense for Acquisition and Sustainment shall develop and maintain (in consultation with the service acquisition executives) policies, procedures, and best practices guidelines addressing the procurement of contract services, including policies, procedures, and best practices guidelines for—
(1) acquisition planning;
(2) solicitation and contract award;
(3) requirements development and management;
(4) contract tracking and oversight;
(5) performance evaluation; and
(6) risk management.
**(c) Personnel and Support.—** The management structure implemented pursuant to subsection (a) shall provide that the Under Secretary shall work with the service acquisition executives and other appropriate officials of the Department of Defense—
(1) to identify the critical skills and competencies needed to carry out the procurement of contract services on behalf of the Department of Defense;
(2) to develop a comprehensive strategy for recruiting, training, and deploying employees to meet the requirements for such skills and competencies; and
(3) to ensure that the military departments and Defense Agencies have staff and administrative support that are adequate to effectively perform their duties under this section and [section 4502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4501
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Activities.—** The Secretary of Defense shall carry out activities to develop and incorporate technology protection features in a designated system to increase ally and partner military capability or improve coalition interoperability.
**(b) Cost-sharing.—**
(1) Any contract for the design or development of a system resulting from activities under subsection (a) for the purpose of enhancing or enabling the exportability of the system, either for the development of program protection strategies for the system or the design and incorporation of exportability features into the system, shall include a cost-sharing provision that requires the contractor to bear half of the cost of such activities, or such other portion of such cost as the Secretary considers appropriate upon showing of good cause.
(2) Any contract for the design or development of an exportability feature of a system resulting from activities under subsection (a) for the purpose of enhancing or enabling the exportability of the system shall include a cost-sharing provision that requires the contractor to bear half of the cost of such activities, or such other portion of such cost as the Secretary considers appropriate upon showing of good cause.
(3) The Secretary may deem the portion of the costs of the contractor described in paragraph (1) or (2) with respect to a designated system or exportability feature as allowable independent research and development costs under the regulations issued under [section 3762 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3762&num=0&edition=prelim) if—
(A) in the case of a designated system, the designated system receives Milestone B approval; and
(B) the Secretary determines that doing so would further the purposes
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4067
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Federal law — U.S. Code and appendices · legal_authorities
Page 2546
TITLE 10—ARMED FORCES
§ 3761
ed for or on behalf of the Department of Defense on
or after May 1, 2007.’’
REIMBURSEMENT
OF INDIRECT COSTS
OF INSTITUTIONS
OF HIGHER EDUCATION UNDER DEPARTMENT
OF DE-
FENSE CONTRACTS
Pub. L. 103–160, div. A, title VIII, § 841, Nov. 30, 1993,
107 Stat. 1719, as amended by Pub. L. 105–244, title I,
§ 102(a)(2)(C), Oct. 7, 1998, 112 Stat. 1617, provided that:
‘‘(a) PROHIBITION.—The Secretary of Defense may not
by regulation place a limitation on the amount that
the Department of Defense may reimburse an institu-
tion of higher education for allowable indirect costs in-
curred by the institution for work performed for the
Department of Defense under a Department of Defense
contract unless that same limitation is applied uni-
formly to all other organizations performing similar
work for the Department of Defense under Department
of Defense contracts.
‘‘(b) WAIVER.—The Secretary of Defense may waive
the application of the prohibition in subsection (a) in
the case of a particular institution of higher education
if the governing body of the institution requests the
waiver in order to simplify the overall management by
that institution of cost reimbursements by the Depart-
ment of Defense for contracts awarded by the Depart-
ment to the institution.
‘‘(c) DEFINITIONS.—In this section:
‘‘(1) The term ‘allowable indirect costs’ means costs
that are generally considered allowable as indirect
costs under regulations that establish the cost reim-
bursement principles applicable to an institution of
higher education for purposes of Department of De-
fense contracts.
‘‘(2) The term ‘institution of higher education’ has
the meaning given such term in section 101 of the
Higher Education Act of 1965 [20 U.S.C. 1001].’’
§ 37
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 3762
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